EB2 Aliens of Exceptional Ability And National Interest Waiver
Members of the Professions Holdings Advanced Degrees Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. The United States baccalaureate degree or a foreign equivalent degree followed by at least five (5) years of progressively responsible experience in a specialty occupation shall be considered the equivalent of a Master's degree. This category requires a job offer in the profession and the sponsoring employer must obtain a labor certification (PERM) approval from the U.S. Department of Labor. In addition, the labor certification must indicate that the position offered is one that requires the advanced degree to perform the job. Aliens of Exceptional Ability To show that an individual is an alien of exceptional ability in the sciences, arts, or business, the petition must be accompanied by at least three of the following:
- An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
- Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
- A license to practice the profession or certification for a particular profession or occupation;
- Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
- Evidence of membership in professional associations; or
- Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
If the above standards do not readily apply to the alien's occupation, comparable evidence may be submitted to establish eligibility. This category requires a job offer in the area of exceptional ability and the sponsoring employer must obtain a labor certification (PERM) approval from the U.S. Department of Labor. National Interest Waivers To establish that work in is "in the national interest" of the United States, you must establish that:
- The alien seeks employment in an area of substantial intrinsic merit.
- The proposed benefit will be national in scope.
- The national interest would be adversely affected if a labor certification were required for the alien. (An alien seeking an exemption from the PERM labor certification process must present a national benefit so great as to outweigh the national interest inherent in the labor certification process.)
As the term national interest has not been defined in the Immigration and Nationality Act, many factors are considered in determining national interest, including improvement of: the U.S. economy, wages and working conditions for U.S. workers, education, healthcare, the environment and housing. In addition, the USCIS will give considerable weight to a request by an interested government agency.
