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EB-2 is an immigration visa for persons with advanced degrees or persons who have exceptional abilities in business, sciences and arts. Unlike EB-1 cases, labor certification is required in EB-2 cases unless a national interest waiver is granted. The "national interest waiver" (NIW) is available if one’s work is in the national interest and has a very good past record of achievement in his or her field. 

The national interest waiver has the following advantages over the traditional labor certification route to a green card:

1.          No requirement for a labor certification.

2.          No requirement for a permanent job offer in the United States.

3.          Faster and more flexible than the labor certification process.

4.          Self-petition, i.e. the petition does not require the signature of anyone at the university or company where you work.

Qualifications for National Interest Waivers

Under US law, an “advanced degree” is an academic or professional degree above a bachelor’s degree level. Degree from a foreign university must be equivalent to a degree from a US university, which can be done by an evaluation service in the US. Persons without an advanced degree but years of work experience may also qualify for the EB-2 advanced degree. A BA/BS degree (or a foreign equivalent) plus 5 years of progressive experience in the specialty is equivalent to a master degree.

"Exceptional Abilities" means a level of expertise that is well above average but not reaches the extraordinary abilities required for the EB-1. It may be demonstrated by presenting evidence of any three of the following criteria:

1.        A degree, diploma or certification in relation to field of exceptional ability;

2.        Employer letters demonstrating at least 10 years of full-time work experience in the field of the employment;

3.        A license or certificate for the profession;

4.        A high salary or other significantly high remuneration demonstrating exception ability;

5.        Membership in professional association(s);

6.        Officially recognized achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business associations;

7.        Other evidence demonstrating the applicant’s exceptional ability.

To qualify a national interest waiver, the threshold requirement is also a master’s degree or exceptional ability in one’s field. Then there is a three-part test. An alien must meet all three parts to get national interest waiver:

1.        What the alien does must be of substantial intrinsic merit;

2.        The benefit of the alien’s work must be national in scope; and,

3.        The alien must establish that his or her past record of achievement demonstrates that he or she can benefit the national interest to a substantially greater degree than would and available US worker having the same minimum qualifications.

Filling Procedures

To obtain a national interest waiver, applicant must file a Form I-140 petition, Form ETA 750B, and supporting documents directly with the appropriate Immigration Service Center. Applicant does not have to file anything with the Department of Labor.  Applicant may also file his or her permanent residency application at the same time as the I-140 Petition, and receive work and travel authorization.



美国执业大律师:胡德翰 律师(John D. Hu, Esq.)美国胡德翰律师楼              


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