[1] The category includes "members of the professions holding advanced degrees or their equivalent", and "individuals who because of their exceptional ability in the sciences, arts, or business will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States".
[1] Applicants (with the exception of applicants applying for an exemption known as National Interest Waiver) must generally have an approved Permanent Labor Certification, a job offer, and their employer must have filed an Immigrant Petition for Alien Worker (Form I-140) with the USCIS.
The employer must be able to prove its ability to pay the proffered wage at the time the priority date is established, and continuing until the beneficiary employee obtains the lawful permanent residence.
A person may qualify for the waiver of the Labor Certification or job offer requirement if they can show that their work will be in the national interest of the United States.
Citizenship and Immigration Services (USCIS) has not established specific criteria for approving national interest waiver petitions, the USCIS Administrative Appeals Office (AAO) held, in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016),[9] that a National Interest Waiver may be granted when the petitioner demonstrates the following criteria by a preponderance of the evidence (more likely than not): The first criterion focuses on the specific endeavor the foreign national has proposed to undertake.
[citation needed] As of September 2012, the Department of State application processing fee for employment-based immigrant visas is US$405.