Seven Elements for Consideration or the National Interest Test

Although the regulations did not specifically spell out what the "national interest is", the Administrative Appeals Unit developed "the National Interest Test," defining seven elements which would be considered in determining whether a waiver of the job offer is in the national interest of the United States in the leading case "Matter of Mississippi Phosphate, EAC 92 091 50126 (AAU July 21, 1992)," and has applied it as the "Guiding Light" in subsequent cases of similar nature. The seven elements for consideration are: Improving the economy of the United States. Improving wages and working conditions of U.S. workers. Improving education and training programs for U.S. children and under-qualified workers. Improving health care. Providing more affordable housing. Improving the environment of the United States by making more productive use of natural resources. Involving a request from an interested United States agency.

Three Prong Test for the National Interest Waiver Threshold

The Administrative Appeals Unit, in Matter of New York State Department of Transportation (AAU, 1998), provided a three prong test to determine whether a waiver of job offer is in the national interest. In order to meet the national interest threshold, a petitioner must establish that: The area of intended employment is of substantial intrinsic merit. The proposed benefit must be national in scope. It would be contrary to the national interest to potentially deprive the prospective employer of the services of the alien by making the position available to U.S. worker.

Recommended Documentation

Supporting letters. Letters from peers in the field attesting to contributions to the national interest. These letters should fulfill and convey the following: The letters should come from more than one US or international university. CIS has a tendency to discount letters from the university where the beneficiary works, even when the school is at or near the top in the world. This is not to discourage such letters only to remind you to seek letters outside your "home. Letters should be from individuals with impressive credentials, who are at the top of their field. CVs should accompany the letters. Please have the writers use the short form CVs when the full CV is very large. Letters can be addressed to Citizenship and Immigration Services, referencing you. Letters are to be delivered to my office. Do not send them to CIS. Format. I do not believe in a set format. I think it hurts the presentation if every letter is a boilerplate style. These cases are best presented when the letters are prepared by the contributor in his or her own style. A rough skeleton is as follows: Opening paragraph - states the letter is written on your behalf and introduces the writer. Discuss writers eligibility to write such a letter based upon achievement in field, i.e. brief synopsis of skills, statement of awards, publications, significant achievements, etc. Next - If writer is truly accomplished in the exact area of your expertise, this should be explained Next - Discussion of your expertise and why writer believes you and your work should be regarded as "in the national interest." Use of words such as "extraordinary," "distinguished," "top of his/her field," "cutting edge, " etc., etc. is advised. This discussion should use laymen's words so that the adjudicator can get a sense of what you do. However, do not hesitate using technical terms because a full and honest portrayal of your level of achievement and ability to contribute to the national interest will probably require this. The writer should pay attention to the criteria set forth from the regulations, above focusing on the seven elements and which of them are benefited by your work. Conclusion. Final note: Many people who write these letters are also friends or close acquaintances. There is nothing wrong with this or if the letter reveals the relationship. The writer needs to know, however, that CIS will not grant the case because the writer believes you are a great individual. Therefore, any statements about personal qualities should be made discreetly or not at all. The following is a complete list of possible supporting document. Few clients will have everything. Provide what you can. Copies of diplomas. Copies of, or evidence substantiating awards. In some cases we shall need a letter from the organization that gave the award explaining its significance. This may be covered in the letters submitted. A statement reflecting all publications. Your own CV should show this. Letters should corroborate this. Copies of 3 to 5 of your publications. Please see note below about translations. Statement showing citations of your work. In the scientific field this is available through the Science Citator Index. Impact factor statement regarding your publications. If any of your publications have been the basis of other research, i.e., been more than a citation in another paper, then this needs to be shown preferably by a letter from the person or persons using your work plus a copy of the papers relying upon your work. Copies of Chapters you have written in any books and a letter from the publisher. References to any books you have written - copyright pages of the book - letters should discuss your book or chapters.

Biographic Information

In order to prepare the forms, my office will need: Your full name as it appears in passport. Your name as you use it professionally (explain if different from above). Your date and place of birth. Your nationality. Your address. Your place of employment, position and salary Note: additional biographic information and documentation will be needed in order to process you for permanent residency/immigrant visa. The information requested here is needed to complete the first set of INS forms. Requests for additional information and documentation will be sent under separate cover.

Translations

All documents, papers, letters etc. must be translated into English. If you wish to submit a key article or chapter etc. and we need to reference it, the entire document must be translated. Thus, in many cases in which the publications are in another language, I submit untranslated copies as representations of your work but do not reference the texts of the documents.