Information present on U.S.

Citizenship and
Immigration Services Website
Employment-Based Immigration: Second Preference EB-2

Employment-Based Immigration: Second Preference EB-2

You may be eligible for an employment-based, second preference visa if you are a member
of the professions holding an advanced degree or its equivalent, or a foreign national who
has exceptional ability. Below are the occupational categories and requirements:

Eligibility Criteria

Sub-
Description Evidence
Categories

Advanced The job you apply for must require an advanced degree and you must Documentation, such as an official
Degree possess such a degree or its equivalent (a baccalaureate degree plus 5 academic record showing that you have
years progressive work experience in the field). a U.S. advanced degree or a foreign
equivalent degree, or an official
academic record showing that you have
a U.S. baccalaureate degree or a foreign
equivalent degree and letters from
current or former employers showing
that you have at least 5 years of
progressive post-baccalaureate work
experience in the specialty.

Exceptional You must be able to show exceptional ability in the sciences, arts, or You must meet at least three of the
Ability business. Exceptional ability “means a degree of expertise criteria below.*
significantly above that ordinarily encountered in the sciences, arts,
or business.”

National Aliens seeking a national interest waiver are requesting You must meet at least three of
Interest that the Labor Certification be waived because it is in the the criteria below* and
Waiver interest of the United States. Though the jobs that qualify demonstrate that it is in the
for a national interest waiver are not defined by statute, national interest that you work
national interest waivers are usually granted to those who permanently in the United States.
have exceptional ability (see above) 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.
 * Criteria

 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
1- I have a PhD degree in my Field and two international postdoc awards
 Letters documenting at least 10 years of full-time experience in your occupation
1- Letters can be arranged because I have more than 10-year post PhD
experience
 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)
1- I was ex member of two international professional associations and this can
be renewed easily
 Recognition for your achievements and significant contributions to your industry or field
by your peers, government entities, professional or business organizations
1- I have 30 international and national publications. Further I have 347
citations as indicated by google scholar’s citation service
 Other comparable evidence of eligibility is also acceptable.

I have two international awards which are very competitive.

1- Fulbright Visiting Scholar Award

2- Islamic development bank Award (The IDB Merit Scholarship Programme for
High Technology (MSP) for Post-Doctoral Research)
3- Professional reference letters can be arranged
Information available on:

https://www.immihelp.com/greencard/employmentbasedimmigration/eb-2-nationalinterestwaiver/

EB-2 National Interest Waiver

Overview

1- Employer - Not required

2- Labor Certification - Not required

An alien may apply for a green card in EB2 category and seek a waiver of the offer of employment
and waiver of labor certification by establishing that his/her admission to permanent residence in
the U.S. will be in the national interest. Such applications are considered National Interest Waiver
or NIW in short.

Since this is an EB2 (employment based second preference) petition, the beneficiary of an NIW
must qualify as either an "Advanced Degree Professional" or an "Alien of Exceptional Ability".
You just have to qualify for one of those categories. It is unnecessary to send proof of both. In
order for NIW case to be considered, this is the minimum requirement and does not guarantee a
successful NIW case.

NIW petition can be filed by aliens or can be sponsored through an employer. While NIW petition
is pending, the alien may make additional green card application(s) in other categories.

Criteria

There are no established rules or statutory standards regarding what is considered as 'National
Interest'. USCIS considers each case on an individual basis. The Government has become
increasingly strict in its interpretation of what it considers to be in the national interest.
Application(s) that would have been approved just five or six years ago are now being denied.
Moreover, different USCIS service centers have different approaches and requirements.

While determining whether an admission of an alien would be 'in the national interest', the
following factors may be considered:
 Whether the alien's admission will be benefit the American economy.
 Whether the alien's admission will improve the working conditions and wages of U.S.
workers.
 Whether the alien's admission will improve training and educational programs benefiting
the U.S. under-qualified workers and children.
 Whether the alien's admission will improve the environment and lead to better usage of natural
resources.
 Whether the alien's admission is requested by an interested U.S. government agency.
 Whether the alien will help improve the health care.
 The alien must meet one or more of the above criteria to be considered for NIW petition.