EB-2 Advanced Degree, Exceptional Ability, National Interest Waiver

The employment-based, second preference (EB-2) immigrant visa category is intended for foreign professionals with an advanced degree or its equivalent or a foreign national who possesses exceptional ability.

Basic Requirements:

The essential requirements vary based on the Advanced Degree, Exceptional Ability and National Interest Waiver sub-categories:

• Advanced Degree:
  • The job must require an advanced degree.
  • The applicant must possess the required advanced degree or its equivalent (a Bachelor’s degree plus five years of progressive work experience).
• Exceptional Ability
  • Applicant 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.”
• National Interest Waiver
  • National interest waivers are often issued for those who have exceptional ability and whose employment would be beneficial for the U.S.
  • Those that qualify can self-petition.
• To qualify for Exceptional Ability and a National Interest Waiver, in addition to the above, the applicant must meet three (3) of the following criteria:
  • Official academic record indicating that the applicant has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to his/her area of exceptional ability.
  • Letters documenting at least ten (10) years of full-time experience in his/her occupation.
  • A license to practice, or certification, for the profession or occupation.
  • Salary or other remuneration for services that demonstrate applicant’s exceptional ability.
  • Professional association membership.
  • Recognition of achievements and significant contributions in the field by peers, government entities, professional or business organizations.
  • Similar evidence of eligibility is also acceptable.

The green card process for this category involves the employer completing and filing a “Preference Petition” with U.S. Citizenship & Immigration Services (“USCIS”). Estimated processing time averages about six (6) to twelve (12) months depending on employer location.

If a visa number is available, the individual may proceed to the final step, which is the actual application for green card status. This application may take the form of (1) an application to adjust status, which may be filed concurrently with the preference petition mentioned above as long as an immigrant visa number is available or (2) an application for an immigrant visa, which must be filed and adjudicated (with a personal interview) by a U.S. consul outside the U.S. The choice of which path to follow is highly dependent on individual facts and circumstances.