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EB-2, Advanced Degrees or Exceptional Ability in the Sciences, Arts or Business
EB-2 Employment Visa is an immigrant visa available to foreign nationals who are:
Member of the Professions holding advanced degrees or their Equivalent
Applicant must be a foreign national holding an advanced degree (beyond the baccalaureate) or the equivalent. Applicant must present documentation such as official academic record and certifications from current and former employers that the applicant has at least 5 years of post-baccalaureate experience.
With Exceptional ability in the Sciences, Arts or Business
Applicant must have an exceptional ability in the sciences, arts or business that will substantially benefit the economy, culture and educational interests of US. Applicant must provide documentation of at least 3 of the following requirements:
- Official academic record showing the applicant has a degree, diploma, certificate or similar award from an institution of learning relating to the field of his exceptional ability
- Certification of at least 10 years of full-time experience in the occupation
- License to practice the profession
- Evidence that the applicant commanded remuneration for services that demonstrate exceptional ability
- Membership in professional associations
- Recognition for significant contributions to the industry (by government entities, professional and business organizations)
National Interest Waiver
The National Interest Waiver is a waiver of the job offer requirement for foreign nationals who would like to obtain permanent residence in the US. It is suitable for foreign nationals with exceptional ability, or an advanced degree, who can show that their activities will substantially benefit the U.S. national interest
The National Interest Waiver relieves the applicant from the Labor Certification requirement. There is no statutory standard as to what will qualify an alien for a National Interest Waiver. The USCIS considers each case on an individual basis.
Applicant must show proof that that his admission will contribute to one or more of the following interests:
- Improve the US economy
- Improve wages and working conditions of US Workers
- Improve education and training programs for US children and underqualified workers
- Provide more affordable housing for young, aged and poor US residents
- Improve the US environment and lead to more productive use of the national resources
- Improve healthcare
- The foreign national may also qualify if his or her admission is requested by a US government agency