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National Interest Waiver

The EB-2 classification includes aliens who are “members of the professions holding advanced degrees or their equivalent” or those “who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States." To qualify under EB-2, you must meet either of these requirements, not necessarily both.

Preliminary Criteria

Applicants for a National Interest Waiver must establish that they qualify for the EB-2 category based on their exceptional ability, not just an advanced degree:

Advanced Degree Professional

A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and you possess such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has one of the following:

  • a U.S. advanced degree or a foreign equivalent degree, or
  • an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty.
Exceptional Ability

In order to be classified as having exceptional ability in the sciences, arts, or business, you must provide documentation of three of the following:

  1. An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;
  2. Letters documenting at least ten years of full-time experience in the occupation being sought;
  3. A license to practice the profession or certification for a particular profession or occupation;
  4. Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;
  5. Membership in professional associations;
  6. Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.

If the above standards do not apply to your occupation, other comparable evidence of eligibility is also acceptable.

 

Labor Certification Waiver

If you have exceptional ability in the sciences, arts, or business, you may apply to waive the requirement of a job offerand labor certification if such a waiver would be in the national interest. To apply for a national interest waiver, you must establish that your work will substantially benefit the national interest of the United States. The following are the three main criteria:

  1. Employment in an area of sbustanial intrinsic merit;
  2. Perspective contribution is national, not just regional, in scope; and
  3. The national interest will be adversely affected if a labor certification were required.

The third requirement exists to protect U.S. workers. You must demonstrate that opening the position to other candidates would be contrary to the national interest. You must also establish that you will serve the national interest to a substanitally greater degree than other U.S. workers who may meet the minimum requirements.

Help with National Interest Waivers

D.Ray Mantle assists individuals with exceptional ability in obtaining positive immigration results in a timely, personal, and professional manner. Your individual circumstances are carefully reviewed by an experienced immigration attorney to determine which options are available to you. Mr. Mantle provides guidance and help in gathering the necessary information and documents for your case, prepares all of the necessary documents, and also ensures that your final application meets all government requirements.

If you would like to understand more about the application process and to find out if you qualify for a green card based on your exceptional ability, please contact D.Ray Mantle for a consultation.