EB-2 employment visa is an immigrant visa which allows foreign nationals holding an advanced degree to obtain residency in the U.S. The visa applicant must be a foreign national who either; 1) holds an advanced degree or their equivalent, or 2) because of his/her exceptional ability in the sciences, arts or business, will substantially benefit the national economy, cultural, or educational interests or welfare of the U.S.
There are 3 categories under the EB-2 Employment based immigrant visa.
1. EB-2 (A); category for foreign national professionals with ‘advance degrees’ (masters degree or higher) and with a job offer from a U.S. company.
2. EB-2(B); category for foreign nationals with ‘exceptional ability’ in the sciences, business or arts and with a job offer from a U.S. company.
3. EB-2(C); category for foreign nationals with exceptional ability or an advanced degree, who can show that their activities will substantially benefit the U.S. national interest.
EB-2 National Interest Waivers
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 waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the national interest. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with the USCIS along with their Form I-140, petition for Alien Worker.
You must meet at least three of the criteria below and demonstrate that it is in the national interest that you work permanently in the United States.
- 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