This article is from the FAQ, by with numerous contributions by others.
In an attempt to crack down on what it perceives as abuse of the NIW
category, the INS proposed adding the following four conditions (in
addition to the list of factors deemed to be in the national interest
of the USA) to the regulations for this category.
(1) The alien has at least two years of experience (not merely experience
gained while studying at a University, College or institution of
higher learning) in the field intended to be of benefit to the USA.
(2) There is a genuine need for the skills/experience of the alien. In
other words, the alien is not being hired to merely overcome labor
shortage in a particular underserved geographical area (which is viewed
by the INS as benefiting a smaller section of society).
(3) The alien will play a leading or critical role in the activity/event
intended to benefit the USA.
(4) The prospective benefit to the USA on account of the alien's work must
Although (1)-(4) are merely proposals at this stage, it is advisable for
applicants to include satisfactory evidence demonstrating that they meet