The threshold requirement for a National Interest Waiver is a master’s degree or “exceptional ability” in your field.  Exceptional ability may be evidenced by at least three of the following ten forms of documentation:

·         Receipt of lesser nationally or internationally recognized prizes or awards

·         Membership in associations that require outstanding achievement

·         Published material about you in professional or major trade publications or other media

·         Served as a judge of the work of others (individually or on a panel)

·         Original contributions of major significance in the field (scientific, scholarly, artistic, athletic, or business-related)

·         Authorship of Scholarly articles or publications in profession or major trade publications or media

·         Display of work at Artistic exhibitions or showcases

·         Performance of a Leading or critical role for distinguished organizations

·         Receipt of High salary or remuneration in relation to others in the field

·         Commercial success in performing arts 

The main requirement for a National Interest Waiver is a three-part test set forth according to In re New York State Department of Transportation, Interim Decision #3363, August 7, 1998.  You must meet all three parts to qualify for National Interest Waiver:

·         What you do must be of “substantial intrinsic merit;”

·         The benefits of your work must be “national in scope” (as opposed to being purely local); and

·         You must establish that your past record of achievement demonstrates that you can benefit the national interest to a “substantially greater degree than would an available US worker having the same minimum qualifications.”

Process:  This petition does not require a permanent job offer and therefore you can self-petition without an employer. You can then concurrently file Form I-140 and Form I-485 including all supporting documentation with USCIS.  You can also apply for and receive work and travel authorization while the application is pending with USCIS.   Or, you can only file Form I-140 and proceed with Consular Processing.

After reviewing the facts of your specific case, we may recommend that you concurrently file an Alien of Extraordinary Ability Petition at the same as the National Interest Waiver to increase your chances of approval since the essential criteria overlap.  This is not recommended for all cases.

Contact an experienced National Interest Waiver Immigration Attorney toll free at 800.993.9097.  Our US Immigration Attorney has extensive experience obtaining permanent residency for foreign physicians, scientists, and businessmen based on a national interest waiver application.  Email us today for a free case review.