Prong 3 EB2 NIW
Balancing Test: Beneficial to the United States to Waive the Job Offer and Labor Certification
The applicant must show that on balance, it would be beneficial to the United States to waive the requirements of a job offer and labor certification. This prong involves:
Demonstrating that the national interest of the U.S. is better served by allowing the applicant to work without the constraints of a specific job offer.
Providing evidence that the applicant’s contributions would be significantly hampered by the labor certification process, which can be lengthy and restrictive.
Showing that the benefits of the applicant’s work outweigh any potential drawbacks of bypassing the standard labor market test.
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