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Universities & Sciences
Evidence of recognition as outstanding in the academic field must include at least two of the following:
- Receipt of major prizes or awards for outstanding achievement;
- Membership in an association that requires outstanding achievement;
- Published material in professional publications written by others about the applicant's work;
- Evidence of the person's participation as a judge of the work of others;
- Evidence of original scientific research;
- Authorship of scholarly books or articles in the field.
When INS evaluates the evidence presented, it will consider whether the applicant published in a "vanity" press, if the individual is merely quoted in a footnote without any type of evaluation, or if the material presents a negative or neutral review of the applicant's work. The INS pays attention to the impact of the entire presentation, with a view to whether it demonstrates outstanding achievement. Testimony from leading scholars who are not personal acquaintances of the applicant is of great value.
While no labor certification is required for this category, a written offer of permanent employment is required.
Of all the immigrant visas that avoid the necessity of labor certification, National Interest Waivers (“NIW”) have the lowest threshold for professional achievement. The applicant need only hold an advanced U.S. degree or its equivalent, or be of "exceptional ability" in his field, which is defined as substantially more skilled than the average member of his field. (As a practical matter, INS frowns on applications where the applicant is still studying at any level, and the lack of a completed Ph.D. is difficult to overcome.) The I-140 is submitted without an approved labor certification. Instead, extensive documentation of two other factors is assembled in an effort to convince the INS to waive labor certification.
The first factor is whether a waiver would "serve the national interest." The application must demonstrate how the applicant's immigration would benefit the entire U.S. with regard to:
- Improving the U.S. economy (including creating new lines of industry, improving the efficiency of existing lines of industry, stimulating exports, or building infrastructure);
- Improving wages and working conditions of U.S. workers;
- Improving education and training programs for U.S. children and underqualified workers;
- Improving health care;
- Providing more affordable housing for young and/or older, poorer, U.S. residents;
- Improving the environment of the United States and making more productive use of natural resources; or
- Benefiting an interested U.S. Government agency.
