The threshold EB-2 requirements
An EB-2 visa petition must first establish eligibility as an advanced degree professional or a person of exceptional ability in the sciences, arts, or business. An advanced degree may be a qualifying U.S. graduate degree or foreign equivalent (e.g., master’s or doctorate). A qualifying bachelor’s degree followed by at least five years of progressive experience in the specialty can also meet the “advanced degree” standard.
Exceptional ability requires evidence under the regulatory criteria and an overall showing of expertise significantly above that ordinarily encountered in the field. The petition should explain what the evidence establishes about the individual’s actual work.
Employer sponsorship through PERM
For the usual employer-sponsored route, the offered position must require the relevant qualifications. The employer generally obtains a prevailing wage determination, conducts recruitment, and applies for PERM labor certification. Once the labor certification is approved, an immigrant petition may be filed. The worker must have met the stated minimum requirements at the legally relevant time.
Job titles alone do not resolve eligibility. A position called “senior engineer” may or may not support EB-2, depending on its actual requirements. Degree evaluations, experience letters, recruitment results, and the employer’s ability to pay all deserve attention before the petition is filed.
How an EB-2 NIW differs
A national interest waiver can eliminate the job offer and labor certification requirements. It does not eliminate the underlying EB-2 qualifications. The petition must also establish that the proposed endeavor has substantial merit and national importance, that the applicant is well positioned to advance it, and that, on balance, waiving the job offer and labor certification requirements would benefit the United States.
The proposed endeavor should be specific enough to evaluate. Merely holding a certain degree or working in a valuable profession is not enough. An applicant must show the broader importance of the particular work they wish to pursue in the United States. Publications, implementation records, contracts, funding, patents, or evidence of media coverage may help, depending on the endeavor. Recommendation letters can be vital in many cases.
From petition approval to permanent residence
An approved I-140 is an important step, but it is not a green card. Visa availability, admissibility, and eligibility for adjustment of status or consular processing remain separate questions. A self-petition does not by itself authorize employment or protect someone whose current status is expiring.
Moro Legal can compare a PERM case with a potential national interest waiver, examine the evidence already available, and identify what is missing. For an employer, this includes the position and recruitment strategy. For an NIW applicant, it includes a focused account of the proposed work and the strongest objective evidence supporting it.
