- Dallas EB-2 NIW Immigration Lawyer -

U.S Green Cards for FOreign Nationals with
​advanced degreeS or exceptional Ability

Click Here for USCIS Employment-Based Immigration: Second Preference EB-2 
Foreign national professionals or aliens with exceptional ability may apply for their green card under the EB-2 employment based category with USCIS. An employer offering a job to the foreign national must seek a labor certification. However, there is an exception to this rule for those persons who can qualify for the National Interest Waiver (NIW). 

ARE You EB-2 Eligibile?

The EB-2 employment based category applies to:

​1. Foreign Nationals who are professionals that hold advanced degrees (Masters Degree) or their equivalents, OR

2. Foreign Nationals 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.

EB-2 Advanced Degree

You can satisfy the advanced degree requirements if:
  • Foreign professional must have earned an advanced degree (beyond Bachelor’s), a U.S. Bachelor’s degree, or a foreign equivalent degree; or
  • Must also have 5+ years of progressive post-baccalaureate experience in the specialty.
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EB-2 Exceptional Ability

From USCIS, exceptional ability "means a degree of expertise significantly above that ordinarily encountered in the sciences, arts or business." 

As far as evidence, USCIS requests at least three (3) out of six (6) criteria to show exceptional ability: 
  • 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 from current or former employers 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.
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National Interest Waiver

EB-2 petitions must generally be filed by an employer and accompanied by an approved labor certification from the U.S. Department of Labor. However, this is not the case if you seek a National Interest Waiver. In fact, you may self petition if you consider your endeavors to be of such national interest to the United States that the waiver is needed:

Those seeking a national interest waiver are requesting that the job offer, and thus the labor certification, be waived because it is in the interest of the United States. The endeavors that qualify for a national interest waiver are not defined by statute; instead, USCIS considers the 3 factors below.** Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them).

​Factors USCIS Considers for NIWs:
  • the proposed endeavor has both substantial merit and national importance
  • you are well positioned to advance the proposed endeavour
  • on balance, it would beneficial to the United States to waive the requirement of a job offer, and thus the labor certification.
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