EB-2
Employment-Based Second Preference (EB-2) Categories
The second preference employment-based category is for individuals with advanced degrees or exceptional talent in sciences, arts, or business, aiming to significantly contribute to the U.S. economy, culture, education, or welfare. A U.S. employer must seek their services. To qualify for an advanced degree, the candidate needs a master’s degree or equivalent, or a bachelor’s degree plus five years of relevant experience. For extraordinary ability, individuals must demonstrate at least three of the following: degree in the area of ability, employment letters covering ten years, professional license, high salary evidence, professional organization membership, or recognition from peers, government officials, or influential parties. Equivalent proofs are accepted, with expert opinion letters carrying weight over formal acknowledgments like diplomas.
Foreign nationals who request a “national interest waiver” must first show that they are in a profession that requires an advanced degree (or its equivalent) or that they will significantly advance the national economy, cultural or educational interests, or welfare of the United States due to their exceptional talent in the sciences, arts, or business. The self-petitioner must also show that it would be in the interest of the country to waive the need that an employer in the United States make a job offer. Therefore, people seeking a national interest waiver may self-petition (i.e., they do not need an employer to sponsor them) and submit their Form I-140, Immigrant Petition for Alien Workers, together with their uncertified labour certification, to USCIS.
The Administrative Appeals Office (AAO) of USCIS established a framework for national interest waiver (NIW) petitions in 1998 with the NYSDOT Matter. In 2016, Matter of Dhanasar replaced NYSDOT, overturning nearly two decades of precedent. According to Dhanasar, after establishing EB-2 eligibility, USCIS may grant an NIW if the petitioner can show, by a preponderance of the evidence, that the proposed project is significant and meritorious, the foreign national is well-positioned to advance the project, and waiving labor certification and job offer requirements would be advantageous for the U.S.
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