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Employment-Based Immigration: Second Preference EB-2/NIW

You may be eligible for an employment-based, second preference visa if you

are a member of the professions holding an advanced degree or its equivalent,

or a an alien who has exceptional ability. Below are the occupational categories

and requirements:

Advanced Degree

The job you apply for must require an advanced degree and you must possess such a degree or its equivalent ( baccalaureate degree plus 5-years progressive   work experience in the field).

You need submit documentation, such as an official academic record showing that you have a   U.S.   advanceddegree or a foreign equivalent degree,   or an official

academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or formeremployers showing that you

have at least 5yeas of progressive post baccalaureate work experience in the specialty.

Exceptional Ability

You must be able to show exceptional ability in the sciences, arts, or business.

Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”

  • 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 in your occupation

  • A license to practice your profession or certification for your profession or occupation

  • Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability

  • Membership in a professional association(s)

  • Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations

  • Other comparable evidence of eligibility is also acceptable.

Note: Employment-based, second preference petitions must generally be accom-panied   by an approved individual labor certification from the Department of Labor

on Form ETA-750.


National Interest Waiver


Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that

qualify for a national interest waiver are not defined by statute, national interest wai-vers are usually granted to those who have exceptional ability (see above) and

whose employment in the United States would greatly benefit the nation. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.


You must meet at least three of the criteria above and demonstrate that it is in the national interest that you work permanently in the United States.