Within the requirements of the EB-2 national interest waiver, there are subparts that you must demonstrate. One of the items that you must prove to USCIS is that your proposed endeavor will benefit the USA despite the availability of other U.S. workers. This can be a difficult obstacle for you to overcome if you are in a profession were there is no shortage of American professionals.
Of course, there is no one set method for getting an EB-2 NIW petition approved; nor is there a fixed national interest waiver template for your case. This article provides two possible arguments for establishing that you will benefit the United States with your proposed endeavor despite the possibility of other U.S. workers being available.
Should USCIS waive your job offer and labor certification?
To prove to USCIS that “on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements,” an EB-2 NIW candidate may provide evidence and argument that the following three subparts are true under the preponderance of the evidence standard:
2. Are you beneficial despite there being U.S. workers available?
There are a variety of ways to show that an NIW case should be approved because the answer to the above question is YES.
First of all, there may actually be a current or predicted shortage of workers in a foreign national’s job category. Checking the BLS Occupational Outlook Handbook might reveal that jobs are “likely” or “very likely” in the future. A further review might show that there is a high percentage of jobs that are predicted to be needed during this decade. This could lead to a strong argument that there is not a current availability or there will not be a future availability of American workers.
Specialized skills: You are special!
A second idea is that you could state that even if there are U.S. workers available, they do not have your specialized skill set. This might be a prudent time to remind the adjudicating USCIS officer of all of the evidence that you discussed earlier in your EB-2 NIW petition letter that shows that you are well positioned to achieve your proposed endeavor. You might use this information to prove that you are way different than your average person in your field.