ASSIMILATION Act

(j) National interest standard

(1) Application. This subsection shall only apply to provisions of this Act that expressly reference this subsection.

(2) Standard. An alien’s admission, classification, employment, or proposed endeavor shall be deemed to be in the national interest only if such alien establishes, by a preponderance of objective evidence, that such admission, classification, employment, or proposed endeavor is expected to produce a material prospective public benefit for the United States.

(3) Public benefit. A material prospective public benefit referred to in paragraph (2) may include a significant benefit to the economic, cultural, educational, scientific, technological, health, foreign-policy, or security interests of the United States.

(4) Limitations. A determination under paragraph (2) or (3) may not be based solely on—

(A) the private interest of the alien or of a petitioning employer;

(B) unsupported testimonial assertions or generalized advocacy;

(C) speculative, remote, or incidental benefits; or

(D) a factor that a more specific provision of this Act makes legally insufficient for the benefit sought.

(5) Rules of construction. Nothing in this subsection may be construed—

(A) to alter the burden of proof required under section 291;

(B) to displace a more specific statutory criterion, evidentiary requirement, limitation, or bar under this Act;

(C) to govern any use of the term national interest in this Act unless the relevant provision expressly references this subsection; or

(D) to apply to section 103(a)(1).