Introduction to EB-2

You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability. Below are the occupational categories and requirements: 

NIW: National Interest Waiver

Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the nation. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.

Criteria:

You must meet at least three of the criteria below* and demonstrate that it is in the national interest that you work permanently in the United States.

·  Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability

·   Letters documenting at least 10 years of full-time experience in your occupation

·   A license to practice your profession or certification for your profession or occupation

·   Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability

·   Membership in a professional association(s)

·   Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations

·   Other comparable evidence of eligibility is also acceptable.

Application Process

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