An alien may seek to classify him/herself as a self-petitioner in an employment based immigrant pursuant to Section 203(b)(2) of the Immigration and Nationality Act, as amended, as a member of the professions holding an advanced degree or an alien of exceptional ability. Additionally, the self-petitioner may assert that an exemption from the requirement of a job offer, and thus of a labor certification, is in the national interest of the United States.

Section 203(b)(2) of the Act states in pertinent part:

(A) In General. Visas shall be made available ... to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantively benefit prospectively the national economy, cultural or educational interests, or welfare of the United Slates, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

(B) Waiver of Job Offer. (i) National interest waiver. . . The Attorney General may, when the Attorney Ge11eral deems it to be in the national interest, waive the requirement of subparagraph (A) that an alien's services in the sciences, arts, professions, or business be sought by an employer in the United States.

The regulations at 8 C.F.R. §204.5(k)(2) define "advanced degree" as:

... any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate.  A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.

8 C.F.R. §204.5(k)(2) defines "exceptional ability in the sciences, arts, or business" as:

...a degree of expertise significantly above that ordinary encounter in the science, arts, or business.