The EB-2A visa requires applicants to hold a U.S. master’s degree (or foreign equivalent), or a bachelor’s degree with five years of progressive professional experience. The degree must directly relate to the occupation for which permanent residency is sought.
This subcategory suits professionals in fields like engineering, medicine, computer science, finance, and education. It’s designed for those with significant academic training and on-the-job experience, as this combination demonstrates advanced expertise.
To qualify, applicants typically need a permanent job offer from a U.S. employer and must complete the PERM labor certification process. This process ensures no qualified U.S. workers are available and that hiring a foreign worker won’t negatively impact U.S. labor conditions.
While employer sponsorship is standard for EB-2A, applicants can pursue a National Interest Waiver (NIW). If their work benefits the nation, the job offer and labor certification requirements can be waived, offering flexibility for those engaged in work of national significance.
The EB-2B visa targets individuals with exceptional ability in sciences, arts, or business. This high level of expertise can be showcased through significant achievements like publications, awards, patents, professional memberships, high salaries reflecting expertise, or major field contributions.
Unlike the EB-2A (Advanced Degree) path, the EB-2B doesn’t mandate a specific educational degree. Instead, it emphasizes documented recognition of unique skills and sustained contributions, demonstrating expertise significantly beyond the norm for their profession.
To qualify, applicants must meet at least three USCIS criteria. These include academic records, professional licenses, recommendation letters, media coverage, or proof of original contributions of major significance to their field.
While a U.S. job offer and labor certification are usually required, the National Interest Waiver (NIW) can bypass these. This waiver is granted if the applicant’s work shows substantial merit and national importance, they are well-positioned to advance the endeavor, and waiving the standard requirements serves the national interest.
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NIW stands for National Interest Waiver, which is a category within the U.S. green card application process, specifically under the EB-2 visa category. Generally, application of second preference of employment-based immigrant visa requires a specific job offer and labor certification process (PERM). However, a foreign national may seek a waiver of job offer or PERM process by establishing that his/her admission to permanent residence would be in the national interest of the United States
Yes, the EB-2 NIW (National Interest Waiver) is a category within the U.S. green card application process. If your I-140 NIW petition is approved, it means you have met the eligibility requirements for the EB-2 visa category. However, you will still need to complete the subsequent step, such as filing an Adjustment of Status application (Form I-485) or Immigrant Visa Processing, to obtain your green card.
A foreign national may file his/her own EB2 NIW (National Interest Waiver) petition or an employer can petition for the foreign national.
The National Interest Waiver waives the labor certification process and the necessity of having an offer of employment.
No labor certification is required before the I-140 filing for all categories of EB2-NIW
Advanced degree for the purpose of EB-2 visa is a United States advanced degree (degrees above a bachelors) or a foreign equivalent degree.
If the foreign national has only received a United States baccalaureate degree or a foreign equivalent degree, the experience of at least five years of progressive, post-baccalaureate experience in the specialty plus the bachelor’s degree will be sufficient for the advanced degree requirement. Otherwise, the foreign national needs to show exceptional ability
The other group in the second employment-based preference includes foreign nationals with exceptional ability in the sciences, arts, or business. Athletes may be considered aliens of exceptional abilities in the arts for purposes of qualifying in the second employment-based preference.
For EB-1A cases, identify which of the ten regulatory criteria the alien is attempting to satisfy and the relevant evidence for each individual criterion. In addition, provide a statement and evidence that the alien beneficiary is coming to the U.S. to continue to be employed in his or her area of sustained national or international acclaim.
Yes. The USCIS has indicated that it will consider comparable evidence that is appropriate to the foreign national’s application in the event the foreign national cannot provide the type of evidence listed above.
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