Extraordinary Ability or National Interest Waiver 
WORK RELATED PATHS TO PERMANENT RESIDENCY WITHOUT THE NEED FOR LABOR CERTIFICATION:
Extraordinary Ability and National Interest Waiver Categories Employment Based-1 Visa Category 1. Extraordinary Ability: very high credentials required; job offer not necessary.
2. Outstanding Researcher/Professor: a job offer for specific type of research or teaching position is required-see page titled, "Researchers and Professors."
Eemployment Based-2 Visa Category Exceptional Ability or Advance Degreed Professional with National Interest Waiver: excellent credentials and proof of work in the national interest.
EB-1 Eligibility A person defined by USCIS as possessing extraordinary ability are those with "extraordinary ability in the sciences, arts, education, business, or athletics which
has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation."
You must be one of "that small percentage who have risen to the very top of the field of endeavor," to be granted this classification. For example, if you receive a major internationally recognized award, such as a Nobel Prize, you will qualify for an EB-1 classification. Other awards may also qualify if you can document that the award is in the same class as a Nobel Prize.
Since few workers receive this type of award, alternative evidence of EB-1 classification based on at least three of the types of evidence outlined below, is permitted.
The worker may submit "other comparable evidence" if the following criteria do not apply:
1. Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
2. Membership in associations in the field which demand outstanding achievement of their members;
3. Published material about the alien in professional or major trade publications or other major media;
4. Evidence that the alien has judged the work of others, either individually or on a panel;
5. Evidence of the alien's original scientific, scholarly (education), artistic, athletic, or business-related contributions of major significance to the field;
6. Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media;
7. Evidence that the alien's work has been displayed at artistic exhibitions or showcases;
8. Performance of a leading or critical role in distinguished organizations;
9. Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field;
10. Evidence of commercial successes in the performing arts.
EB-2 Either advanced degree professionals or persons of exceptional ability with National Interest Waiver Petitioners may seek an exemption from the requirement of a job -and thus labor certification- by demonstrating that admission is in the national interest.
The "national interest" test is not defined in the statute or regulations but requires a showing "significantly above that for prospective national benefit.
Unfortunately, the statute and the regulations also fail to define "prospective national benefit." However, the exemption "in the national interest" was addressed in Matter of [name not provided], EAC 92 091 50126 (AAU July 21, 1992). (This case is popularly referred to as Mississippi Phosphate). The case listed seven factors to consider in applying the national interest test:
1. Improving the economy;
2. Improving wages and working conditions of United States workers;
3. Improving education and training programs for United States children and under qualified workers;
4. Improving health care;
5. Providing more affordable housing for young and /or older, poorer U.S. citizens;
6. Improving the U.S. environment and making more productive use of U.S. resources; or
7. A request from an interested United States governmental agency.
This list is by no means exhaustive. The national interest waiver has applied to a variety of fields and positions.
1. Documentation supporting the waiver of the job offer and labor certification requirement in the national interest (should obtain three of the following). a. Documentation of the receipt of several lesser nationally or internationally recognized prizes or awards for excellence (if it is major, then only one is necessary).
b. Documentation of membership in associations which require outstanding achievements of their members.
c. Published material about you in professional or major trade publications or other major media outlets relating your work.
d. Evidence of your participation as a judge of the work of others in your field.
e. Evidence of your original scientific, scholarly, artistic, athletic or business-related contributions of major significance.
f. Evidence of authorship of scholarly aticles in professional or major trade publications or other major media outlets.
g. Evidence of the display of your work at artistic exhibitions.
h. Evidence that you have performed in a leading or critical role for distinguished organizations.
i. Evidence that you have commanded a high salary (at least $100,000 per year).
j. Evidence that you have achieved commercial success in the performing arts as shown by box office receipts or sales of your material.
2. Documentation that admitting the alien would be within the national interest of the United States.
a. Depending upon the position, must prove the relevance to U.S.
In order to receive a free evaluation of your potential application for a self-sponsored National Interest or Extraordinary Ability petition, please email the following items:
1. Complete Curriculum Vitae or resume. The CV should include any U.S. government funded projects on which you are working and the grant numbers, if applicable. The extraordinary ability and national interest applications are more favorably viewed if you are working on government funded projects. Please include all of your publications. If you have been asked to serve as a publications reviewer, or as a judge of the work of others, please describe that.
2. One to two page description of what you do and why it is important to U.S. taxpayers.
3. The names of at least five individuals who might be willing to write letters of recommendation on your behalf. Please include where they work. Normally, the Immigration Service is less impressed when more than two of the letter writers have the same employer as yours. The more letter writers that you can provide the better. Please indicate if there is anything special about any of these people that we should know. Describe their positions and credentials.
4. Please include your telephone numbers so that we may contact you.