3. Exceptional Ability in the Sciences, Arts, or Business:
These are individuals who will provide services in the sciences, arts, or business with exceptional ability, which means “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” The individual’s services should substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States. An athlete may, however, qualify as an individual with exceptional ability in the arts, even though “sports do not require high academic or mental preparation but primarily physical dexterity, enhanced by training an experience,” because athletes “are basically entertainers.
4. NIV (National Interest Waivers):
Any individual whose services in the sciences, arts, professions, or business are deemed to be in the national interest can get a waiver of having a job offer and a labor certification. The three requirements are: (1) showing that the proposed endeavor has both substantial merit and national importance; (2) the individual is well positioned to advance the proposed endeavor; and (3) it is beneficial to the U.S. to waive the requirements of a job offer and labor certification. We recommend that our clients always self-petition when possible, because an NIW based on the contribution to an industry, and not specific to a particular employer, remains valid even if there are changes to the employment arrangement.