The first step in the process is to assess whether or not you qualify under the advanced degree criteria or Exceptional Ability. This is an either or test (either advanced degree or Exceptional ability).
Step 1 in National Interest Waiver Assessment:
1. Advanced Degree (Master’s Degree or Higher or a BA with 5 years experience)
The first step is to see if you qualify for an Advanced degree. This can either be a Master’s Degree or a BA with 5 years of progressive experience). The job you apply for must require an advanced degree and you must possess such a degree or its equivalent. (Keep in mind that it is the JOB that must require the degree. You must have the degree also but the assessment will be whether the job requires it.
If you are applying under the advanced degree category, documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty is required.
Exceptional Ability
You can also qualify under this category if you do not have an advance degree but you have Exceptional ability. You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” Note that this is different from extraordinary ability.