To be eligible for a national interest waiver, an alien must either hold an advanced degree or have exceptional ability in the science, arts or business.
A. Advanced Degree
Advanced degree means an academic degree above that of the baccalaureate, which is usually a master’s degree. Alternatively, a baccalaureate degree plus five years of working experience in the specialty will be considered the equivalent of a master’s degree.
B. Exceptional Ability
“Exceptional Ability” requires that the alien has a degree of expertise above that ordinarily encountered in his or her field in order to obtain a national interest waiver. INS requires at least three of the following evidences to establish exceptional ability:
1) An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution;
2) Letters from current or former employers showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
3) A license to practice the profession or certification for a particular profession or occupation;
4) Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
5) Evidence of membership in professional associations;
6) Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business associations;
7) The alien must have at least two years of experience in the area in which he or she will benefit the US.