The EB-2 visa category is available for several categories of individuals coming to work in the United States: (1) professionals who hold an advanced degree or equivalent work experience, (2) individuals with exceptional ability, or (3) individuals with a National Interest Waiver (usually given to those with exceptional ability and whose employment in the U.S. would greatly benefit the country). In addition, the EB-2 visa applicant’s spouse and children (under age 21) may also qualify for derivative visas (E-21 and E-22) allowing for work authorization and permanent residency in the U.S. to accompany the principal EB-2 visa holder.

Moro Legal, LLC, advises and assists professionals, businesses, and institutions through the EB-2 visa and National Interest Waiver process for U.S. permanent residence and green cards. Schedule an attorney consultation online today to begin your journey, or contact our office for more information.

Who may qualify for a green card through the EB-2 visa?

(1) Professionals with an advanced degree or equivalent work experience

  • These individuals must be applying for a job in the U.S. that requires a master’s or doctoral-level degree, and the individual must have a degree equivalent to that required for the position or a bachelor’s-equivalent degree plus five years of progressive post-graduate work experience in that field.
  • Petitioners must show documentation of their academic degree(s) and, if qualifying through work experience, letters from employers to verify experience in the specialty.
  • Prior to filing, the employer desiring to hire the petitioner must file a PERM labor certification application with the U.S. Department of Labor (DOL) to obtain a labor certification authorizing the hiring of a foreign worker for that position, where DOL certifies that there are not enough U.S. workers able, willing, qualified, and available to accept the job opportunity and that employment of a foreign worker will not harm the wages or working conditions of similarly employed U.S. workers. This certification must accompany the EB-2 petition.

(2) Individuals with Exceptional Ability

  • The EB-2 visa is also granted for individuals with exceptional ability in the sciences, arts, or business.
  • Petitioners must prove their exceptional abilities, through evidence which may include a degree in their field of ability, letters documenting 10 or more years of full-time work experience in their field, a license to practice their profession, membership in a professional association, or other appropriate forms of proof as defined by USCIS.
  • Prior to filing, the employer desiring to hire the petitioner must file a PERM labor certification application with the U.S. Department of Labor (DOL) to obtain a labor certification authorizing the hiring of a foreign worker for that position, where DOL certifies that there are not enough U.S. workers able, willing, qualified, and available to accept the job opportunity and that employment of a foreign worker will not harm the wages or working conditions of similarly employed U.S. workers. This certification must accompany the EB-2 petition.

(3) Individuals with a National Interest Waiver

  • This category allows petitioners to apply for the EB-2 visa themselves, without an employer as a sponsor.
  • A National Interest Waiver is granted by USCIS to petitioners who meet certain requirements to waive the requirements of a job offer and a labor certification from the U.S. Department of Labor for an employment-based visa. Thus, petitioners do not need to go through the PERM Labor Certification process like most employment-based immigrant visa applicants.
  • USCIS may grant a National Interest Waiver if the petitioner can show that (1) his or her proposed endeavor in the United States has substantial merit and national importance, (2) the petitioner is well positioned to advance the proposed endeavor, and (3) it would be overall beneficial to the United States to waive the labor certification and job offer requirements for the petitioner.

 

Who may qualify for a National Interest Waiver?

An individual who seeks an EB-2 visa through this program must submit a petition with accompanying documentation to request the National Interest Waiver (NIW) be granted. U.S. Citizenship and Immigration Services states that applicants must show proof of “exceptional ability,” in that they meet at least three of the following criteria in their petition:

  • 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
  • A license or certification to practice in the profession
  • Evidence of an exceptional salary
  • Membership in professional association(s)
  • Recognition for achievements and significant contributions to an industry or field by peers, government entities, professional or business organizations
  • Other comparable evidence

In addition, NIW applicants must show evidence that their proposed endeavor in the United States would benefit the country, that the applicant is qualified to perform the endeavor, and that their endeavor has “substantial merit and national importance.” Although many NIW recipients work in the sciences as researchers, scientists, doctors, or engineers, there is no restriction to the applicant’s field of expertise as long as the applicant meets the criteria.

Physicians (medical doctors) are eligible to receive a NIW if they make a commitment to work full-time, for at least a five-year period, in an area in the United States designated as “under-served” by the United States Department of Health and Human Services (DHHS). Under-served areas include those defined as a Medically Underserved Area, Health Professional Shortage Area, Mental Health Professional Shortage Area, or Physician Scarcity Area by DHHS, and also include Veterans Affairs facilities. Full-time means working at least 40 hours a week in the under-served area, although this does not prevent the physician from working additional hours in other areas if they have met the 40 hour requirement in the under-served area. Physicians may work in primary care or medical specialties.

Physicians may demonstrate their commitment for the NIW petition either by providing a copy of an employment contract for the five year period, or if the physician will be self-employed, by submitting a sworn statement affirming their business plan to operate in the designated under-served area for the five-year period. To qualify for the NIW, the physician must also submit an attestation letter from a state or federal public health department confirming that the physician’s work in the U.S. will be in the public interest.

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Moro Legal, LLC, assists professionals, businesses, and institutions through the EB-2 visa, National Interest Waiver, and green card process. Contact us today to get started.

Note

The content of this website is for general informational purposes only and is not a replacement for legal advice. Immigration law is a complex area of law that is constantly changing and this website cannot cover every facet of the law. Every case is different, and all individuals and businesses should consult with an immigration lawyer prior to filing any petition or application.