EB-2 | EB-2 NIW

Employment-Based Immigration: Second Preference EB-2

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ELIGIBILITY CRITERIA

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Advanced Degree

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Description: The job you apply for must require an advanced degree and you must possess such a degree or its foreign equivalent (a baccalaureate or foreign equivalent degree plus 5 years of post-baccalaureate, progressive work experience in the field). You must meet any other requirements specified on the labor certification as applicable.

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Evidence: Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.

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If a doctoral degree is customarily required, you must have a United States doctorate or foreign equivalent degree.

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Or

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Exceptional Ability

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Description: You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” You must meet any requirements specified on the labor certification as applicable.

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Evidence: You must meet at least three of the criteria below:

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CRITERIA

 

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.

 

Both need to meet the criteria below.

 

National Interest Waiver

 

Description: 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.

 

Evidence: In addition to providing evidence of an advanced degree or exceptional ability (described in the boxes above), you must also meet the 3 National Interest Waiver criteria below in order to demonstrate that it is in the national interest that USCIS waive the requirement of a job offer, and thus the labor certification.

 

Criteria for National Interest Waiver

 

The proposed endeavor has both substantial merit and national importance.

 

You are well positioned to advance the proposed endeavor.

 

It would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.