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.