Our firm regularly prepares and submits EB-2 immigrant visa petitions on behalf of well-qualified clients. USCIS does not automatically approve these petitions, so proper preparation of all relevant information and supporting evidence is crucial.
An EB-2 immigrant visa is an employment-based, second-preference petition. In many cases, the petition is submitted with an approved Application for Permanent Employment Certification from the U.S. Department of Labor, commonly known as ETA Form 9089.
If you are applying through the National Interest Waiver, you may request a waiver of the job offer and labor certification requirement.
An EB-2 immigrant visa allows the holder to permanently work and reside in the United States. This is also known as an employment-based immigrant visa or employment-based green card.
The government refers to the EB-2 as one of the five employment-based immigrant visa preference categories.
There are three main subcategories for the EB-2 immigrant visa: 1) Advanced Degree; 2) Exceptional Ability; and 3) National Interest Waiver. If you meet the criteria for one of these subcategories, you may qualify for the EB-2 immigrant visa.
Labor certification is generally required for EB-2 applicants applying through a sponsoring employer based on an advanced degree or exceptional ability. However, the labor certification requirement may be waived for qualified applicants seeking a National Interest Waiver.
The U.S. government makes approximately 140,000 employment-based immigrant visas available each fiscal year across employment-based preference categories.
This category requires that the job you are applying for must be one that normally requires an advanced degree. You must hold an advanced degree or its foreign equivalent.
In some cases, a bachelor’s degree plus at least five years of progressive post-baccalaureate experience may be considered the equivalent of an advanced degree. The applicant must also meet any additional requirements listed in the labor certification.
This category requires the petitioner to demonstrate exceptional ability in the sciences, arts, or business. Exceptional ability means a degree of expertise significantly above that ordinarily encountered in the field.
The applicant must also meet any additional requirements listed in the labor certification, when labor certification is required.
To show exceptional ability, you generally need to meet at least 3 of the listed requirements below:
Official academic record showing a degree, diploma, certificate, or similar award related to your area of exceptional ability
Letters from current or former employers showing at least 10 years of full-time experience in your field
A license to practice your profession or certification for your profession or occupation
Evidence that you have commanded a salary or other payment that demonstrates exceptional ability
Recognition for your achievements and significant contributions to your industry or field by peers, government entities, professional organizations, or business organizations
Other comparable evidence of eligibility, if the listed criteria do not readily apply to your occupation
A petition for a National Interest Waiver asks USCIS to waive the job offer and labor certification requirement because the applicant’s proposed work would benefit the national interest of the United States.
These petitions are often filed by professionals with advanced degrees or individuals with exceptional ability whose work has substantial merit and national importance.
A petitioner applying for a National Interest Waiver does not need a sponsoring employer and may file Form I-140 on their own behalf. This is commonly known as self-petitioning.
All three criteria must generally be met:
The proposed work has substantial merit and national importance
The petitioner is well positioned to advance the proposed work
The United States would benefit from waiving the requirements of a job offer and labor certification
Strong National Interest Waiver evidence may include academic records, professional experience, recommendation letters, business plans, research, publications, awards, media coverage, expert opinions, proof of impact, and documentation showing how the proposed work benefits the United States.
It depends. For most EB-2 petitions, a U.S. employer must file Form I-140, Petition for Alien Worker, on behalf of the applicant. The employer must also demonstrate a continuing ability to pay the offered wage as of the priority date.
However, if you are applying for a National Interest Waiver, you may file Form I-140 on your own behalf without a sponsoring employer. In that situation, the job offer and labor certification requirements may be waived if USCIS determines that the waiver is in the national interest of the United States.
If you obtain an EB-2 immigrant visa, your spouse and unmarried children under the age of 21 may also be eligible to apply for admission to the United States.
Eligible family members may apply under E-21 and E-22 immigrant status, depending on their relationship to the principal applicant.
Contact us today for a free, confidential consultation. We are here to help you navigate the U.S. immigration system.