The INS Texas Service Center has recently issued guidelines for the submission of applications for national interest waiver-based permanent residency petitions. The TSC hopes these guidelines will make the application process more efficient.

First, the standard of proof is not "prospective national benefit." Instead, the applicant must show that he will prospectively substantially benefit the national economy, cultural or educational interests or welfare of the United States.

Second, the emphasis in national interest cases is the overall value and potential of the applicant's individual contribution to the United States. The fact that the applicant works in a field of high national interest is not good enough. The person must be found to be a critical member of the team. This is shown if the team would be greatly impaired by this person's absence.

Third, the Service Center put great emphasis on testimonial letters from national or international organizations, institutes, or government agencies that could definitively say that the applicant's work would truly serve a national interest. The Service Center requires that the author of the letter clearly state how he or she became familiar with the applicant's work. The Service Center suggests placing these testimonial letters directly behind the Form I-140 in the application packet to draw the officer's attention to it before he or she wades through the stack of paper.

Fourth, the Service Center noted that academic articles, field surveys, general reports, etc. often add little weight to bolster the applicant's claim.

Finally, the national interest category was not designed to accommodate graduate students. The Service Center stated that it should be very difficult for a graduate student who has done little work, outside that required for a degree program, to qualify for a national interest waiver. This is so even though the area of research is "cutting edge."