Qualifications to be granted a National Interest Waiver
There must be proof that requiring a labor certification would adversely affect the U.S. national interest:
Note: these factors are not sufficient by themselves:
To prove that the U.S. national interest would be adversely affected if a labor certification were required, the petitioner must establish that the alien beneficiary would serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications. Furthermore, since “exceptional ability” is not per se sufficient to waive labor certification, the alien must present benefits to his or her field that greatly exceed the achievements and significant contributions required of aliens of exceptional ability.
To that end, it is necessary to provide evidence of past achievements that justify projections of the proposed future benefit. In other words, the alien beneficiary must have an established ability to serve the national interest to a greater extent than the majority of his or her colleagues, and possess a past history of demonstrable achievement with some degree of influence on the field as a whole.
The emphasis, then, is on “specific prior achievements.” Therefore, in national interest waiver, although USCIS looks into the future benefits to the U.S. national interest, the alien beneficiary must establish future benefits by providing an outstanding record of specific prior achievements. This is the key to a successful national interest waiver petition.