Subcategory 3 (EB23): National Interest Waiver (NIW), Non-physician

REQUIREMENT 1. Your work in the U.S. is in the National Interest of this country.

Clarification. National Interest is defined on USCIS discretion on each case individual basis.

REQUIREMENT 2. Your are a person of either Advanced Degree or Exceptional Ability (level 1).

Clarification 1. Advanced Degree is defined as a U.S. advanced degree or a foreign equivalent degree (or a baccalaureate degree plus at least five years of progressive work experience in the field).

Clarification 2. Exceptional Ability (level 1) is defined as a degree of expertise in the sciences, arts (including athletics), or businesss, significantly above that ordinarily encountered in the field.

To prove Exceptional Ability (level 1), you must meet at least three out of seven criteria of Exceptional Ability (level 1), specified by the U.S. immigration law.


Is a job offer in the U.S. required? - No.
Is Labor Certification required? - No.
Is Prevailing Wage Determination required? - No.
Is proficiency in English required? - No.
Is a minimum or maximum age required? - No.
Is an Affidavit of Support required? - No.
Is a proof of funds to start life in the U.S. required? - No.
Can your family members get green cards as derivative beneficiaries? - Yes.

1. Authoritative sources directly relevant to this category (in general-to-specific order):

Note: The above regulatory authority, policies/procedures, guidance reflect relevant provisions of statutory authorities and all other authoritative sources, and thus contain exhaustive information relevant to this category.

2. Authoritative sources relevant to all immigration categories: Online guidance, tools, and resources