Who can apply?

EB-2 Visa holders have advanced degrees and 5 years work experience. Evidence is required showing your academic degree and your work experience.

What does “Exceptional Ability” mean?

You 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.” You must meet at least three of the criteria below.*

National Interest Waiver

Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. 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.

What proof is required?

You must meet at least three of the criteria below for the EB-2 Visa* 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 and 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 and 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

Note: Employment-based, second-preference petitions must generally be accompanied by an approved individual labor certification for the EB-5 Visa, from the Department of Labor on Form ETA-750.

Who files the paperwork?

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

Can family members join me?

Your spouse and children under the age of 21 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, your spouse is eligible to file for an Employment Authorization Document (EAD)