Employment-Based Immigration (EB-2 NIW)

The EB2 category caters to individuals with an advanced degree or its equivalent in their respective professions, or those with exceptional ability. To qualify, individuals must be accompanied by an approved individual Labor Certification from the Department of Labor. However, candidates of exceptional ability can seek a National Interest Waiver (NIW) to waive the Labor Certification requirement, avoiding the lengthy Department of Labor PERM process.

Eligibility Criteria

Advanced Degree: The job must require an advanced degree, and you must possess such a degree or its foreign equivalent. Alternatively, a baccalaureate degree plus 5 years of post-baccalaureate progressive work experience in the field is acceptable. You must also meet any other applicable requirements specified on the labor certification as of the priority date.

Exceptional Ability: You must demonstrate exceptional expertise in sciences, arts, or business, significantly above the ordinary level. Meeting at least three of the specified criteria is necessary to establish eligibility.

Exceptional Ability: Similarly, your employer files Form I-140, along with the necessary labor certification, unless you are eligible for a National Interest Waiver.

Advanced Degree: Your employer must file Form I-140, Petition for Alien Worker, along with certified Application for Permanent Employment Certification from the Department of Labor (DOL) on ETA Form 9089, or a Schedule A Blanket Labor Certification in certain cases.

Application Process

National Interest Waiver

If you seek a National Interest Waiver, you can self-petition without an employer’s sponsorship. USCIS evaluates the following factors for the waiver:

  • Substantial merit and national importance of the proposed endeavor.
  • Your ability to advance the proposed endeavor.
  • Overall benefit to the United States by waiving the job offer and labor certification.

Family Eligibility

If your I-140 petition is approved, your spouse and unmarried children under 21 may be eligible for E-21 and E-22 immigrant status, respectively.

Assessment