Those seeking a national interest waiver are requesting that the job offer, and thus the labor certification, be waived because it is in the interest of the United States. USCIS considers the 3 factors for the NIW qualification:
- The proposed endeavor has both substantial merit and national importance.
- You are well positioned to advance the proposed endeavor.
- On balance, it would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.
Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them.