Employment Based Immigration – Second Preference with National Interest Waiver
Exceptional Ability and Advanced Degree Professionals
What is EB-2 with National Interest Waiver?
EB-2 is an immigration visa in INA 203(b)(2). The beneficiary of an approved immigration visa petition is entitled to obtain permanent residence (green card) status of United States. EB-2 refers to persons of professions holding advanced degrees or their equivalent, or who because of their exceptional ability in science, art or business and will substantially benefit U.S. national interest in economy, culture, education or welfare from their services with an U.S. employer. Unlike EB-1 cases, labor certification is required in EB-2 cases unless a national interest waiver is granted, the USCIS may waive the job offer and labor certficatoin requirements.
Benefit of EB-2 with National Interest Waiver
• EB-2 petition is generally faster than Employment Based Immigration Third Preference (EB-3) because because in general fewer cases are filed in this category.
• No labor certification required in national interest cases.
• The employment requirement may be waived in national interst cases.
Definition of Advanced Degree?
An advanced degree is a U.S. academic or professional degree (or a foreign equivalent) above a bachelor’s degree level. A BA/BS degree (or a foreign equivalent) plus 5 years of progressive experience in the specialty is equivalent to a master degree. Progressive experience is defined as "employment experience that reveals progress, moves forward, and advances toward increasingly complex or responsiblee duties."
How to establish Exceptional Ability?
Exceptional Ability may be demonstrated by presenting evidence of any three of the following:
• Posesseing a degree in relation to field of exceptional ability;
• Employer letters demonstrating at least 10 years of full-time work experience in the field of the employment;
• Possessing professional licenses;
• Having a high salary or other significantly high remuneration demonstrating exception ability;
• Membership in professional association(s);
• Recognized achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business associations.
How to apply for EB-2 with National Interest Waiver?
The application should be filed using form I-140 with the US Citizenship and Immigration Services (USCIS).