Similar to an EB1 visa, and EB2 visa is an employment-based visa. This is the second preference category. Typically, to qualify for the EB2 visa, the foreign national must have a permanent job offer waiting for them once they are granted a visa. Furthermore, it is also required that the foreign national obtain an approved labor certificate.
This usually requires for the employer of the prospective foreign national to help out the foreign national and do a little work to help the foreign national acquire the visa. Because of this, many employers are not willing to participate in the EB2 Visa process. One way that a foreign national can get around the job offer requirement and obtaining an approved labor certificate is to complete a National Interest Waiver, or NIW for short.
In order to qualify for a National Interest Waiver, the foreign national must prove that they are an exceptional candidate. A few ways the foreign national can meet this requirement is to show they have obtained a PhD or other advance degree. Another way the foreign national can meet this requirement is to show that they have an exceptional ability in the field of Art, Science, or Business. Finally, the foreign national must show that their work is of great importance and has substantial merit which will benefit the United States as a whole. Although whether or not the foreign national qualifies for the National Interest Waiver is subjective, the burden of proof falls squarely on the foreign national to show how exceptional they are and how it is in the interest of the United States to grant the National Interest Waiver and be exempt from obtaining a labor certification.
One of the attractive features of an EB2 Visa with a National Interest Waiver is that the foreign national can petition for the visa themselves. Furthermore, it is possible for a U.S. employer to also file an NIW petition on behalf of the foreign national. Finally, the foreign national is allowed to file other petitions that they believe they may qualify for, including an EB1-A visa petition, while their National Interest Waiver petition is pending.
For those foreign nationals who have a family and wish for their family to accompany them on the trip, the EB2 Visa allows them to bring their family members with them. The foreign national is allowed to bring their lawful spouse, and children so long as the children are under the age requirement and that the children are not married. Once in the United States, the children will have to go to school (depending on their age). The foreign national’s spouse my petition to be granted permission to seek employment once they are in the United States.
In order to be sure that you meet the requirements and/ or to properly file a petition, it is advisable to seek legal guidance from an experienced and knowledgeable immigration attorney.
This is an immigration legal blog. It is not intended to be used as legal advise. For further information please contact the law offices of attorney Ramona Kennedy.
Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA). Ramona Kennedy is a member of American Immigration Lawyers Association (AILA). Ramona Kennedy is fluent in English and Farsi (reading & writing) & speaks Azeri Turkish.
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