a) The alien seeks employment in an area of substantial intrinsic merit. The
employment must be important to the national interests of the United
States. Additionally, the benefits of the alien's employment should be
immediately apparent to the national interest of the United States.
b) The benefits of the alien's proposed employment must be national in scope.
The alien's employment may be limited to a particular geographic area.
However, the petitioner must establish benefit to more than a particular
region of the country. Moreover, there would be little or no adverse impact on
the interests of other regions of the country.
c) It would be contrary to the national interest to potentially deprive the
prospective employer of the alien's service by making available to U.S.
workers the position the alien seeks. There are three elements to this
1) the alien will serve the national interest to a substantially
greater degree than would an available U.S. worker having the same minimum
2) the alien is not seeking a national interest waiver based
on a shortage of qualified workers in a given field, regardless of the nature
of the occupation; and
3) the petitioner must establish the alien has a past
record of specific prior achievement which justifies projections of future
benefit to the national interes