As there is no statutory or regulatory definition of the term “national interest”, USCIS relies on a 1998 Administrative Appeals Office precedent decision setting forth a three-prong test for evaluating requests for a national interest waiver. See Matter of New York State Department of Transportation, 22 I&N Dec. 215 (Comm’r 1998) (“NYSDOT”). These three prongs are outlined below.

Requirement 1 - You must show that you plan on working in the United States in an area of substantial intrinsic merit.
Requirement 2: You must show that the proposed impact of your work is national in scope.
Requirement 3: You must show waiving the labor certification requirement would benefit the national interests of the United States.
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