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Jane Orgel, Attorney at Law
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National Interest Waiver


The labor certification process may be waived if an alien can show that his work will benefit the “national interest” of the United States to such a degree that it overrides the need to protect U.S. workers with the labor certification process.

A foreign national may self-petition under this category so no employer is needed. An employer may also sponsor a foreign national under this category.

The foreign national must be seeking to work in a field of intrinsic national merit. The benefit accrued through his work must be national in scope and be so great that it overrides the national interest of the labor certification process. Factors that may be considered include improvement to the U.S. economy, education, health care, housing, and the environment, in particular utilization of natural resources.

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