REGULATIONS GOVERNING WAIVER OF LABOR CERTIFICATION

REGULATIONS GOVERNING WAIVER OF LABOR CERTIFICATION

Any U.S. employer may file a petition to classify an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. However, the regulations allow that if an alien is claiming the advanced degree preference in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2) of the Act, then the alien, or anyone in the alien's behalf, may file the petition. The regulations provide, in pertinent part, as follows:
(a) In General - Visas shall be made available … to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, or professions, or business are sought by an employer in the United States.

(b) Waiver of Job Offer --Attorney General may, when she deems it to be in the national interest, waive the requirement of subparagraph (a) that an alien's services in the sciences, arts or business be sought by an employer in the United States.

However, neither the statute nor Service regulations define the term "national interest." Additionally, Congress did not provide a specific definition of "in the national interest." It was stated in the supplementary information to Service regulations implementing IMMACT, published at 56 Fed. Reg. 60897, 60900 (November 29, 1991), that the Service believes the application of this test should be as flexible as possible.
While Service regulations do not specifically state what would be in the "national interest," the Associate Commissioner for Examinations in New York State Department of Transportation, EAC9606351031 (August 7, 1998) listed three factors that each alien seeking a National Interest waiver must demonstrate:
(1) area of intrinsic merit;
1.Field of Expertise
2.Area of Substantial Intrinsic Merit
3.The significance and critical issues of the cancer research that I am currently conducting
(2) national scope of benefit; and
1.The Petitioner’s Past Research Achievements
Demonstrate A Basis To Project That She Will Continue To Contribute In The Future
2.The impact of my research will be of national interest by determining.....
3.Expert testimonials have also justified that my work is of national significance
4.Evidence showing my outstanding accomplishments has distinguished me from available U.S. workers and other professionals with the same minimum qualifications in the field

(3) adverse effect on the national interest if labor certification is required.

這三個方麵是你在Petition Letter中要回答的。我給了你幾個大個框架結構，根據這個你填充相應的內容就行了。你的case是比較強的，通過絕對沒有問題。隻是請注意幾點：1.不要忘記簽名；2.所有你提供的材料一定要分類組織好，你的名字和重點內容需用彩筆勾出提醒移民官注意；3.citation可以去isiknowledge.com下查找，打印相應的網頁，並附上部分引用文章的首頁和有你名字的頁麵。祝你成功。

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