The EB2 National Interest Waiver, as you might know, has three requirements which derive from Matter of Dhanasar. Many NIW seekers are highly familiar with the substantial merit, national importance, and well positioned criteria, but somehow the third prong of Dhanasar gets glossed over in their petition letter.
The third requirement listed is Dhanasar is that would be beneficial to the United States to waive the requirements of a job offer, and thus a labor certification. It would be to your credit to show USCIS that you meet this criterion as well when you apply for an EB2 NIW green card.
Job offer/labor certification is impractical
The first portion of establishing that the USA should waive the job offer and labor certification requirement can discuss its impracticality as it applies to the NIW seeker’s career. For example, a researcher might conduct research in more than one lab, depending on where grants are available for funding.
Additionally, someone who has a unique specialization that would not be clearly described in a labor certification can use this section of the petition letter to tell that fact to USCIS. Also, a foreign national who is an entrepreneur can point out in their petition letter that they are employing themselves and will be creating jobs in the United States.
Benefit the USA despite the availability of other qualified American workers
Although it might be arguable that there is a shortage of American workers in many fields, an EB-2 NIW self-petitioner can proceed with caution and include an argument that even if there were other qualified U.S. workers available, it would still benefit the USA to grant the national interest waiver.
One way to show that a foreign national will benefit the United States despite the availability of American workers is to cited statistics on the projected growth of the career. Searching for numbers in the Bureau of Labor Statistics Occupational Outlook Handbook at bls.gov/ooh is a marvelous way to establish potential future labor shortages in the coming decade.
Sufficiently urgent to warrant a waiver of the labor certification
Restating the national importance of the proposed endeavor in the United States can be a great way to establish the urgency of granting an EB-2 national interest waiver. Websites like whitehouse.gov and congress.gov may provide excellent examples of what is currently being discussed on the floor of Congress.
There could be an executive order that reflects the urgency of the endeavors, or perhaps President Biden mentioned the work in a speech. It may be prudent to discuss these facts in this part of the petition letter, even if it was listed in the section on substantial merit and national importance.
Talk to an immigration attorney with EB-2 NIW experience
Immigration lawyers who focus on green cards for highly skilled professionals may be able to provide you with valuable information on how you can achieve an EB-2 NIW. A capable NIW attorney in your area, or who is available remotely, may have prior clients in your field that have been successful in showing USCIS that they meet the Dhanasar criteria.
By discussing your qualifications with an EB2 NIW lawyer, you can also learn more about national interest waiver processing times and filing fees.