EB-2 Green Card: Advanced Degree or Exceptional Ability (with National Interest Waiver):
The EB-2 Green Card is for professionals with either an advanced degree or exceptional ability in their field. Normally, this category requires a job offer from a U.S. employer, but individuals can self-petition (without a job offer) through a National Interest Waiver (NIW), if their work has the potential to significantly benefit the United States.
For example, a doctor conducting innovative cancer research or an entrepreneur developing technology that improves public health could potentially qualify under the National Interest Waiver. This visa is an excellent option for highly skilled professionals or entrepreneurs who may not meet the EB-1A’s “extraordinary ability” standard, but nonetheless have a project or expertise of potential national importance.
We note that these visas require expert level preparation, and that they take a few years to process given demand and the congressionally mandated quotas limiting immigration in any one employment visa category. Still, given that the EB-2 provides a Green Card, this is an excellent longterm immigration strategy for individuals who have the luxury of waiting couple years while they let their application process.
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EB-2 NIW Benefits:
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Grants permanent U.S. residency (Green Card) for the applicant, their spouse, and unmarried children under 21.
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Allows self-petitioning via the "National Interest Waiver," meaning no U.S. job offer or employer sponsorship is required.
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Ideal for professionals or entrepreneurs pursuing projects that have the potential to benefit the U.S. broadly.
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Basic EB-2 Requirements:
To qualify for an EB-2 you must:
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Have either an advanced degree (or equivalent), or "exceptional ability" in your field. Individuals normally demonstrate their "exceptional ability" by showing at least three of the following:
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An official academic record showing a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
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Evidence in the form of letter(s) from current or former employer(s) showing at least ten years of full-time experience in the occupation;
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A license to practice the profession or certification for a particular profession or occupation;
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Evidence you have commanded a salary, or other renumeration for services, which demonstrates exceptional ability;
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Membership in professional associations;
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Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
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Either have a job offer,* or be able to show (for the "National Interest Waiver"), that your work or entrepreneurial project has significant prospective national importance and the potential to benefit the United States on a broader scale.
*If qualifying for this visa via a job-offer (as opposed to the "National Interest Waiver"), the applicant's employer will have to additionally go through the protracted Department of Labor "Program Electronic Review Management (PERM)" Labor Certification process.
**Disclaimer: This website provides general information only and does not constitute legal advice or create an attorney–client relationship. You should not rely on this information without consulting a qualified attorney. Prior results do not guarantee similar outcomes.**
