Ordinarily, an EB-2 visa application requires a labor certification and a permanent job offer. However, a National Interest Waiver (NIW) is a request to waive the labor certification based on it being in the "national interest" of the United States. There is currently no statutory or regulatory definition of "national interest," and the burden is on the applicant to prove that the exemption of the labor certification is in the national interest of the U.S. Below are several pieces of evidence recommended by the USCIS that should be included in an NIW petition.

Evidence - Applicant must show that they plan on working in the United States in an area of substantial intrinsic merit.

The USCIS will look into the importance of the applicant's work. Evidence that can be used for this requirement include:

• Letters from applicant or employer detailing the significance and importance of the work
• Articles or other published media showing the importance of the work
• Letters from other experts in the field attesting to the importance of the work; such letters should include evidence supporting the expert's credentials

Evidence - Applicant must show that the proposed scope of your work is national in scope.

Applicant's work should benefit more than a particular region of the country. An NIW petition should include evidence showing that the proposed benefit of the work will be national in scope. Some evidence of this may include:

• Articles or other published media/reports
• Copies of documents and contracts showing scope and impact of the work
• Letters from current and former employers detailing significance and scope of the work
• Letters from other experts in the field attesting to importance of the work; such letters should include evidence supporting the expert's credentials

Evidence - You must show that waiving the labor certification requirement is in the national interest of the United States.

Applicant will need to show that the benefits of waiving the labor certification outweigh the inherent interests that the labor certification requirements protect, such as ensuring that wages and working conditions of U.S. workers in the same field are not adversely affected. Some evidence of this may include:

• Articles or other published media that cite applicant's achievements
• Details of grants and other funding sources received by applicant
• Documents showing how applicant's work is being applied by other companies and individuals
• Evidence of patents or licenses awarded to applicant or applicant's company that are significant in the field