EB2 Exceptional Ability Aliens and National Interest Waiver

The Law Office of Tricia Wang is located in Fremont, California. We started our immigration practice in 1996 by preparing and filing EB2 National Interest Waiver (NIW) cases for many Ph.D. and post-doctoral researchers in various fields, such as agriculture, biology, chemistry, pharmaceutical, biochemistry, astronomy, etc. We provide a free evaluation, offer clear and concrete advice, review and revise all your reference letters to improve the chance of success. Our EB2 NIW attorney prepares a detailed and persuasive petition letter with thorough documentation to achieve the USCIS approval for you!

EB2 Exceptional Ability Aliens and National Interest Waiver

EB2 is an employment based, second preference immigrant visa. EB2 visa provides lawful permanent residence in the U.S to those persons with exceptional ability in the fields of arts, science or busisness. A petition for EB2 generally requires a specific and permanent job offer with a corresponding approved labor certification. An applicant for an EB2 would require the employer to petition on his or her behalf in addition to having a firm job offer. This makes it challenging and often employers shy away from filing for EB2 petitions because of the long, expensive and time consuming labor certification process.

Exceptional ability for the purpose of petitioning for an EB2 visa is defined as ‘a degree of expertise significantly above that ordinarily encountered in the sciences, arts or business’. An applicant who is petitioning for an EB2 visa based on exceptional ability must demonstrate that his skill set is significantly above or superior to others in the field. EB2 visas are also available to those individuals who do not meet the advanced degree criteria, but have noteworthy accomplishments in their respective fields that are distinctive to them.

A person (the beneficiary), to qualify for an EB2 petition must meet a minimum of three of the following requirements:

1. A degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability
2. At least ten years of full-time experience in the occupation for which s/he is being sought
3. A license to practice the profession or certification for a particular profession or occupation
4. Evidence of receipt of a salary, or other remuneration for services, which demonstrates exceptional ability
5. Evidence of membership in professional associations
6. Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations

The USCIS then reviews the case to determine if the evidence presented satisfies that the beneficiary is in fact a person who possesses exceptional ability in the particular field. If the criteria mentioned above are inapplicable then the petition must include some comparable evidence to establish eligibility.

National Interest Waiver

For EB2 petitions, an individual with advanced degrees or exceptional ability in the fields of science, arts or business may apply for a waiver of the otherwise mandatory requirement for an offer of employment and the corresponding labor certification. The individual may seek a waiver under the National Interest Waiver (NIW) provision for an EB2 petition by establishing that his or her admission to permanent residency in the U.S would be in the ‘national interest’ of the U.S. In such a case, the person can petition on his or her own behalf. The NIW eliminates the need for a U.S employer to petition on behalf of the employee, and saves the employer time and expenses.

The law is silent on what specifically qualifies as ‘National Interest’. The burden to prove and establish that the waiver of the job offer and labor certification will be in the national interest. The USCIS will judge each case on its own merit. An applicant seeking a waiver must prove that

• The work has substantial merit and is of national importance
• The applicant is well positioned and his or her work will advance the company’s work.
• Waiver for labor certification and job offer requirement would be beneficial to the U.S specifically because of the applicant’s qualifications and work.

A person petitioning for an EB2 visa with a NIW must basically establish that due to his or her advanced degree or exceptional ability, will substantially benefit the national economy, cultural or educational interest, or welfare of the country, and more specifically will substantially:

• Improve the U.S economy
• Improve the wages and working conditions of U.S workers, create employment opportunities
• Improve education and training programs
• Improve health care
• Provide more affordable housing for U.S residents
• Improve the environment of the U.S and make more productive use of natural resources
• Improve cultural awareness and diversity through artistic endeavors
• Make significant scientific contributions
• Involve a request from an interested U.S government agency

We have helped numerous clients working at universities, research institutes and corporations across the United States with their green card applications through EB2 NIW and avoid the lengthy labor certification process. Let us help you too!

Act now by sending your curriculum for a free evaluation. Call Law Office of Tricia Wang at (510) 791-0232 or send us an email at tricia@wangslaw.com to schedule an initial consultation regarding your immigration concerns. We speak English, Mandarin Chinese, Cantonese, Taishan Dialect and Japanese.

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