US EB-2 VISA THROUGH NATIONAL INTEREST WAIVER

 

ELIGIBILITY CRITERIA

 

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 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 may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.

 

EVIDENCE

 

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.

 

APPLICATION PROCESS

 

Employment-based, second-preference petitions must generally be accompanied by an approved individual labor certification from the Department of Labor on Form ETA-750.

 

To qualify for an EB-2 visa, your employer must file a Form I-140, Petition for Alien Worker.

 

FAMILY OF EB-2 VISA HOLDERS

 

Your spouse and children under the age of 18 may be admitted to the United States in E-21 and E-22 immigrant status, respectively. During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD). 

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