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The following persons fall under this category:

  • Foreign nationals of exceptional ability in the sciences, arts, or business;
  • Foreign nationals that are advanced degree professionals; and
  • Qualified alien physicians who will practice medicine in an area of the U.S., which is underserved.


If you are a petitioner requesting a national interest waiver on behalf of a qualified alien physician; or an alien physician self-petitioning for second preference classification based on medical service in a Health and Human Services Department (HHS)-designated underserved area or a Department of Veterans Affairs (VA) facility, you must meet all eligibility requirements for this immigrant classification in order to be eligible for the national interest waiver. There is no need of the labor certification process.

Exceptional Ability workers – National Interest Waiver

If the worker has exceptional ability in the sciences, arts or business, then the requirement for job offer can be waived if there is national interest. Labor certification can be waived if the job requirement is waived. National Interest Waiver (NIW) is for those workers who have exceptional ability in sciences, arts or business and advances degree professionals. For the worker to prove that he or she falls under this category then at least three of the following documents must be shown:

  • Official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;
  • Letters showing 10 years of full time experience in similar occupation;
  • License to practice the profession or necessary certification;
  • Salary or other remuneration which is equivalent to a person of exceptional ability;
  • Membership in the professional associations; and
  • Achievements and contributions to the industry.

Advanced Degree Workers

A petition for a foreign worker having an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the worker possesses the required degree or the equivalent. The petition must include documentation, such as an official academic record showing that the worker has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the worker has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty.

We, at the Law Offices of Aditya Surti, LLC can help you in applying for immigrant visas on behalf of your alien workers. To schedule your appointment contact us at 201-518-6642201-518-6642 (Jersey City Office), 732-750-1269732-750-1269 (Woodbridge Office). You can also email us at