Qualifications
To qualify, first an individual must show that he or she holds an “advanced degree” or has an “exceptional ability”. Then, the individual must show that it is in the interest of the United States to waive the job offer and labor certificate.
1.A. – ADVANCED DEGREE
In order to qualify, you must first demonstrate that the area of work or research is a position that requires an advanced degree. An advanced degree is typically those degrees post bachelorette. If you have a foreign degree, USCIS utilizes the Electronic Database for Global Education (EDGE) in order to determine the validity of the foreign credentials. You may also utilize a bachelor’s degree in conjunction with more than five years post-graduation work experience in the specialized field as an alternative to an advanced degree.
1.B. – EB-2 EXCEPTIONAL ABILITY
Option two; a foreign national with exceptional ability in the sciences, arts, or business. The petition must be accompanied by at least three of the following:
(A) An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
(B) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
(C) A license to practice the profession or certification for a particular profession or occupation;
(D) Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
(E) Evidence of membership in professional associations;
or (F) Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
2. NATIONAL INTEREST WAIVER
To obtain a waiver of the job offer and labor certificate it must be demonstrated that the position is in the national interest of the United States, you must show:
(1) that the foreign national's proposed endeavor has both substantial merit and national importance;
(2) that the foreign national is well positioned to advance the proposed endeavor;
and (3) that, on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.
If these three elements are satisfied, USCIS may approve the national interest waiver as a matter of discretion.
Benefits of Obtaining an EB-2 NIW
If an applicant is successful in obtaining a EB-2 NIW, it would allow the applicant to obtain an immigrant visa, and permanent resident status in the United States. All without the requirement of a job offer and the often-lengthy process of the Department of Labor.
If you believe that you meet these requirements and like to self-petition for a green card, please contact our Orlando NIW attorneys today at (407) 502-3000 for a confidential consultation. You may also fill out our online form located on this page and we will get back to you shortly. We have a 24-hour emergency service. Your privacy is very important to us and we will keep your information confidential.
