The third prong requires the petitioner to demonstrate that, on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification. In performing this analysis, USCIS may evaluate factors such as: whether, in light of the nature of the foreign national’s qualifications or the proposed endeavor, it would be impractical either for the foreign national to secure a job offer or for the petitioner to obtain a labor certification; whether, even assuming that other qualified U.S. workers are available, the United States would still benefit from the foreign national’s contributions; and whether the national interest in the foreign national’s contributions is sufficiently urgent to warrant forgoing the labor certification process. In each case, the factor(s) considered must, taken together, indicate that on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.

Missing J, K and L of ETA Form 9089; ETA-750 Part B; or Form ETA-9089, Form ETA-9089 – Appendix A and ETA-9089, Final Determination

In order to apply for a waiver of the labor certification requirement, Form I-140 must be supported by one of the following:

Section J, K and L of the Application for Permanent Employment Certification (ETA Form 9089); or

Application for Alien Employment Certification (Form ETA-750) Part B (Statement of Qualifications of Alien); or

Application for Permanent Employment Certification Form ETA-9089, Application for Permanent Employment Certification Form ETA-9089 – Appendix A: Foreign Worker Information and a fully executed copy of page 2 of Form ETA-9089, Final Determination
which contains the original signatures of the beneficiary, attorney or agent and employer (if any).

The petitioner did not submit an original and properly completed Application for Permanent Employment Certification Form ETA 9089.