Many EB-2 national interest waiver candidates are aware that they must show that their proposed endeavor has substantial merit and national importance. But did you know that you also need to demonstrate that it is sufficiently urgent for the USA to waive your job offer and labor certification requirement?
After waiting for the lengthy processing time for an EB-2 NIW, the last thing that you will want to have happen is to get a Request for Evidence (RFE) or Notice of Intent to Deny (NOID). Therefore, it is prudent to make sure that you have met all of the national interest waiver requirements before mailing your case to USCIS.
Third Prong of Dhanasar
Of the three main EB-2 national interest waiver criteria set forth in Matter of Dhanasar the third one tends to be the most neglected by NIW seekers. As a reminder, the third prong of Dhanasar is that on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements.
There are three subparts within that third prong and the last of the three asks for evidence that the foreign national’s contribution is sufficiently urgent to warrant foregoing the labor certification.
Suggestions for Demonstrating Urgency of the Endeavor
Perhaps your proposed endeavor is in a growing field. The BLS Occupational Outlook Handbook provides such statistics on what percentage of growth your field is expected to grow during a ten-year period. That might be some key numbers to point out to the USCIS officer.
You might also find some examples of urgency on the White House and Congressional websites. The information that you might find there might also be useful for your substantial merit and national importance arguments.