The second employment-based preference applies to those aliens who possess advanced degrees in professional fields or who have exception ability in the arts, business, or sciences. One of the requirements of this preference is a job offer. However, the INS may waive this requirement if admitting the alien would be in the national interest.
The following factors must be considered when evaluating a request for a national interest waiver (NIW):
What factors are considered to determine whether admitting an alien would be in the U.S.’s interest?
Aliens who are successful in obtaining a national interest waiver tend to present cases which establish them has having some kind of unique experience, skill, or knowledge which sets them apart from their peers.