are you a scientist with a PhD? an engineer? a physician? can your work improve health care, the economy or the national security above and beyond what a regular American worker with your education level can do? do you have published papers cited by your peers or can you show scholarship and specific achievements that relates to "actual" improvement of bla bla bla, not just "potential" improvement of bla bla bla?
if not, you do not qualify for NIW.
check the NYDOT court decision for details