A national interest waiver may be acquired under the second preference employment category for aliens of exceptional abilities in the science, arts or business and advanced degree professionals. The annual quota for the issuance of these visas is 40,000 plus any unused visas from the first preference employment category.
If the alien beneficiary can satisfy three of the following criteria s/he may qualify for an exceptional ability second preference visa
Ordinarily, a job offer and labour certification will be required for aliens applying for permanent residence on the basis of second preference employment. However, these requirements can be waived if the beneficiary can show that the proposed employment is in the national interest. What constitutes work of national interest is in the discretion of the Immigration authorities. It is for the petitioner to convince them that the work that he/she intends to pursue in the U.S falls under this category.