In the final part of the PL, the petitioner needs to discuss the Third Prolong:
Third Prong:
On balance, it would be beneficial to the United States to waive the job offer and thus the permanent labor certification requirements
A job offer and a labor certification are generally required to make sure hiring foreign workers won't negatively impact the job prospects, wages, or working conditions of U.S. workers. To get a waiver of the labor certification, you need to convince the Visa Officer that the work you're proposing and your ability to carry it out will benefit the U.S. so much that it’s more valuable than the usual benefits of requiring a labor certification.
For instance, if you're an entrepreneur who is self-employed in a way that doesn’t negatively impact U.S. workers, or if you’ve started a business that creates jobs for Americans, there might not be much value in going through the labor certification process.
How to prove this?
Below is a list of arguments you can use to support the third prong.
Your unique skills or expertise make a labor certification application impractical.
For example, your unique skills or expertise may not be easily captured in a labor certification. Or, if you work for your own company or are self-employed, you might not be able to obtain a job offer letter from a U.S. employer.
Even assuming that other qualified U.S. workers are available, the United States would still benefit from your unique skills or expertise.
For example, you may have multiple degrees, a well-established research record, and research that has been widely used and benefits national interests.
The national interest in your proposed endeavor is urgent enough to justify skipping the labor certification process
For example, your work could boost U.S. competitiveness in STEM fields, or address urgent needs in areas like public health or safety.
Your proposed endeavor may lead to potential job creation.
Your proposed endeavor may generate considerable revenue consistent.
If you are in STEM, USCIS considers the following combination of facts contained in the record to be a strong positive factor:
The person possesses an advanced STEM degree, particularly a Ph.D.;
The person will be engaged in work furthering a critical and emerging technology or other STEM area important to U.S. competitiveness; and
The person is well positioned to advance the proposed STEM endeavor of national importance.
The benefit is especially weighty where the endeavor has the potential to support U.S. national security or enhance U.S. economic competitiveness,