The EB-2 National Interest Waiver (NIW) category is employment-based second preference immigration. It is so called because it asks that the otherwise required job offer and labor certification requirements to be waived "in the U.S. national interest".

 The minimum requirement for NIW is the beneficiary must either hold an advanced degree or be considered possessing exceptional ability in the sciences, business or arts. The "advanced degree" requirement means that the beneficiary either has a graduate degree (Master or Ph.D.) or its defined equivalent. The defined equivalent is a bachelor's degree, plus five years of full time experience in progressively more responsible positions. As for "exceptional ability", the alien must show at least three of the followings:

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 of learning relating to the area of exceptional ability;

2. Evidence in the form of letter(s) from current or former employer(s) 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; or

6. Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.

  In 1998, Administrative Appeal Unit of the INS tightened the standard for NIW cases in its decision in Matter of New York State Department of Transportation. In order to qualify for the NIW petition, the alien must show (1) he/she seeks employment in an area of substantial intrinsic merit; (2) the proposed benefit will be national in scope; and (3) national interest would be adversely affected if the labor certification process was required for the alien.

  Unlike EB-1A Extraordinary Ability, there are no established specific criteria for NIW petitions. However, USCIS Administrative Appeals Unit has suggested several factors to be considered in determining a NIW case. These factors include:

1. Improving the U.S. economy;

2. Improving wages and working conditions of U.S. workers;

3. Improving education and training programs for U.S. children and under-qualified workers;

4. Improving health care;

5. Providing more affordable housing for young and/or older, poorer U.S. residents;

6. Improving the environment of the U.S. and making more productive use of natural resources;

7. A request from an interested U.S. government agency or improving international cultural understanding.

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