Employment-Based Immigration: Second Preference EB-2

A United States employer can request a visa for an employee under the EB-2 category by filing Form I-140, Petition for Alien Worker. Moreover, employment-based, second-preference petitions must generally be accompanied by an approved individual labor certification from the Department of Labor on Form ETA-9089

If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-21 and E-22 immigrant status, respectively.

Advanced Degree Professionals

To qualify for this immigrant classification as a professional with an advanced degree, the job you apply for must require an advanced degree.

You can satisfy the advanced degree requirement by holding either a:

  • U.S. master’s degree or higher or a foreign degree evaluated to be the equivalent of a U.S. master’s degree or higher; or
  • U.S. bachelor’s degree, or a foreign degree evaluated to be the equivalent of a U.S. bachelor’s degree, plus 5 years of progressive, post-degree work experience.

If a doctoral degree is customarily required, you must have a United States doctorate or foreign equivalent degree

Exceptional Ability

To qualify as a person with exceptional ability, you must meet at least three of the criteria below

  • 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
  • Letters from current or former employers 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
  • 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
  • Other comparable evidence of eligibility is also acceptable.

National Interest Waiver

You can request that the job offer, and thus the labor certification, be waived from your EB-2 petition. USCIS may grant a national interest waiver as a matter of discretion if you demonstrate eligibility by a preponderance of the evidence, based on the following three prongs:

1.- What you are striving for has merit and is of national importance.

  • Describe your project and goals and not just the general area of work.
  • Your proposal may qualify for national importance, whether or not it is likely to translate to economic benefits for the U.S. if you demonstrate it:
    • Furthers human knowledge
    • Enhances societal welfare; or
    • Leads cultural or artistic enrichment

2.- You are well-positioned to advance your proposed attempt. USCIS considers factors including, but not limited to:

  • Your education, skills, knowledge, and record of success in related or similar efforts;
  • A model or plan that you developed, or played a significant role in developing, for future activities related to the proposed endeavor;
  • Any progress towards achieving the proposed endeavor; and
  • The interest or support garnered from potential customers, users, investors, or other relevant entities or persons.

3.- You must demonstrate that the U.S. will benefit more from your proposal directly than from the job certification process. For this purpose, you may submit evidence relating to one or more of the following factors, as outlined in Matter of Dhanasa:

  • The impracticality of a labor certification application;
  • The benefit to the United States from your contributions, even if other U.S. workers were also available; and
  • The national interest in your is sufficiently urgent, such as U.S. competitiveness in STEM fields.

We can effectively carry out your company’s petition and your self-petition to ensure the best chance of success possible. Please call us today to schedule a consultation for a comprehensive discussion of your case matter with the Attorney. We look forward to hearing from you.