General Description
This category of petition is available for petitioners that can convince U.S. Citizenship and Immigration Service (USCIS) that an individual’s services “in the sciences, arts, professions, or business” are in the “national interest” of the United States. This route to permanent residence does not require labor certification from the Department of Labor. Instead, an immigrant petition is submitted directly to USCIS. This type of petition can be submitted by an employer, or alternatively, by an individual petitioning on behalf of themselves.
International Student and Scholar Services (ISSS) can file this petition for individuals who work in a full-time permanent position at Colorado State University (CSU), hold an advanced degree, and can demonstrate that the work they do is in the national interest. USCIS may grant a national interest waiver as a matter of discretion if the petitioner demonstrates eligibility by a preponderance of the evidence, based on the following three prongs:
- The person’s proposed endeavor has both substantial merit and national importance;
- The person is well positioned to advance the proposed endeavor; and
- On balance, it would be beneficial to the United States to waive the job offer and thus the permanent labor certification requirements.
Evidence that may demonstrate that a person is well-positioned to advance a proposed endeavor includes, but is not limited to:
- Degrees, certificates, or licenses in the field;
- Patents, trademarks, or copyrights;
- Letters from experts in the individual’s field, describing past achievements and providing specific examples of how the individual is well positioned to advance the person’s endeavor;
- Published articles or media reports about the individual’s achievements or current work;
- Documentation demonstrating a strong citation history;
- Evidence that the individual’s work has influenced the field of endeavor;
- A plan describing how the individual intends to continue the proposed work in the United States;
- Documentation reflecting feasible plans for financial support;
- Evidence that the person has received investment from sponsors, such as grant awards and contracts showing the potential impact of the proposed endeavor;
- Letters from government authorities or quasi-governmental authorities in the United States demonstrating that the person is well positioned to advance the proposed endeavor;
- Evidence that the person has received other relevant non-monetary support (for example, using facilities free of charge) from federal, state, or local government entities; and
- Evidence demonstrating how the person’s work is being used by others, such as, but not limited to:
- Contracts with companies using products that the person developed or assisted in developing;
- Documents showing technology that the person invented, or contributed to inventing, and how others use that technology; and
- Patents or licenses for innovations the person developed with documentation showing why the patent or license is significant to the field.
In each case, officers must consider the totality of circumstances to determine whether the preponderance of evidence establishes that the person is well positioned to advance the proposed endeavor.
Costs
There are filing fees to be paid to USCIS and an administrative processing fee paid to International Programs as part of this process. ISSS can provide a copy of a National Interest Waiver Fee Agreement for an explanation. We remind Departments that the President has made the decision that all employment-based immigrant petitions filed by Colorado State University must be processed through the International Student and Scholar Services office. Generally, outside attorneys may not represent Colorado State University in this process.