EB-2: Persons with Advanced Degree or with Exceptional Ability; National Interest Waiver; Labor Certification – Immigration Law
EB-2 Persons with an Advanced Degree or with Exceptional Ability qualify for a green card if they satisfy and obtain an EB-2 under either category. Although other categories require a Labor Certification, a prospective EB-2 applicant has the benefit of applying for a National Interest Waiver (NIW), allowing qualifying individuals to forego the US job offer requirement. Our Sacramento immigration attorneys can advise you on the likelihood of success not only for an EB-2 Persons with an Advanced Degree or with Exceptional Ability petition, but also the probability of a successful National Interest Waiver application. Our immigration law firm is knowledgeable with the requirements of these areas, as well as the Labor Certification requirement if obtaining a National Interest Waiver (NIW) is not likely.
What are the requirements for the EB-2 Persons with Advanced Degree or with Exceptional Ability?
There are two sub-categories under the EB-2: Persons with Advanced Degree or Persons with Exceptional Ability. In order to qualify for the EB-2 Persons with Advanced Degrees, the individual must possess either an advanced degree, meaning a degree beyond a bachelor’s degree, or a bachelor’s degree and at least five years in a professional field. In order to qualify under the Persons with Exceptional Ability sub-category, the individual must demonstrate exceptional ability in arts, sciences, or business.
What is the benefit of filing for an EB-2 Persons with Advanced Degree or with Exceptional Ability?
First, the individual would be eligible to obtain a green card. Secondly, the individual can apply for the National Interest Waiver (waiving the US job offer requirement to which other Employment-based visas are subject).
Do I have to qualify for both Persons with Advanced Degree and Persons with Exceptional Ability in order to apply for the EB-2 category?
No, it is not necessary. Only one of the two requirements needs to be satisfied; however, bear in mind that satisfying one requirement would mean that the individual is meeting the minimum requirements under the EB-2 category.
What is a National Interest Waiver (NIW)?
A National Interest Waiver (NIW) allows the EB-2 Person with an Advanced Degree or with Exceptional Ability to file for an NIW individually and avoid the US job offer requirement.
What is the standard for a National Interest Waiver (NIW)?
In order to determine whether an individual will substantially benefit the national interests of the United States, US Citizenship and Immigration Services considers the following three factors:
- The individual seeks employment in an area of substantial intrinsic merit;
- The substantial benefit conferred will be national in scope; and,
- US national interest would be adversely affected if the individual were required to have a US job offer (Labor Certification). Here, USCIS weighs US’s national interest vs. interests of the US job force.
What type of documentation is needed to meet the requirements for an EB-2 Persons with Exceptional Ability?
There are a number of sources that USCIS wants to see in an EB-2 Persons with Exceptional Ability petitions, including the following:
- A degree (or equivalent) from a school (or educational institution) relating to the area of claimed exceptional ability;
- Letter(s) from current and/or former employer(s) demonstrating at least 10 years of full-time experience in the area of claimed exceptional ability;
- A license or certification to practice a certain profession or occupation;
- A salary (or equivalent) demonstrating exceptional ability; and,
- Membership in a professional association demonstrating exceptional ability;
- Achievements in the area of exceptional ability, such as awards, letters of recognition, etc.
Do I need a National Interest Waiver (NIW) if I have a US job offer?
No, you do not. If you have a job offer, then a labor certification might be ideal in your case.
What is a Labor Certification?
Without a National Interest Waiver (NIW), individuals must have a US job offer. This process requires employers to apply for and receive a labor certification on behalf of the individual with an Advanced Degree or Exceptional Ability from the US Department of Labor. This requires identifying the job duties of the intending EB-2 beneficiary, a prevailing wage determination, attempted recruitment through advertising with a report of said attempt, and a filing of an electronic application on the Program Electronic Review Management (PERM) system.
Our immigration law firm understands the complexities of US Immigration and Nationality Law and can assist you in obtaining a Labor Certification or National Interest Waiver for an EB-2 Persons with an Advanced Degree or with Exceptional Ability Visa.
Our Sacramento immigration attorneys welcome you to contact Kyung Immigration Law Office, A Professional Law Corporation to discuss your potential immigration options.
USCIS EB-2: Persons with Advanced Degree or with Exceptional Ability; National Interest Waiver; Labor Certification: http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2
EB-3: Skilled Workers; Professionals; Other “Unskilled” Workers
EB-3 Skilled Workers, Professionals, and Other “Unskilled” Workers Visa, although requiring Labor Certification, can confer the benefit of a green card for those who qualify. Although the minimum requirements might seem low in these cases, the EB-3 Skilled Workers, Professionals, and Other “Unskilled” Workers Visa category require a tremendous amount of documentation. Our law firm is comprised of Sacramento immigration attorneys who are knowledgeable in obtaining an EB-3 visa.
Who qualifies for an EB-3 Skilled Worker Visa?
In order to qualify for an EB-3 Skilled Worker Visa, one must demonstrate that (s)he has the capability to perform a job that requires at least 2 years of training or experience.
Who qualifies for an EB-3 Professional Visa?
In order to qualify for an EB-3 Professionals Visa, one must demonstrate that (s)he is a member of a profession with at least a bachelor’s degree from a university.
Who qualifies for an EB-3 Other “Unskilled” Worker Visa?
In order to qualify for an EB-3 Other “Unskilled” Workers Visa, one must demonstrate that (s)he has the capability of working in a position that requires less than two years of training or experience.
Is a US job offer required to obtain an EB-3 Skilled Worker, Professional, and Other “Unskilled” Worker Visa?
Yes, a US job offer is required and all of these workers require labor certification.
What is a Labor Certification?
Employers are required to apply for and receive a labor certification on behalf of the individual who seek to obtain an EB-3 Skilled Worker, Professional, or Other “Unskilled” Worker Visa from the US Department of Labor. This requires identifying the job duties of the intending EB-3 beneficiary, a prevailing wage determination, attempted recruitment through advertising with a report of said attempt, and a filing of an electronic application on the Program Electronic Review Management (PERM) system.
Our Sacramento immigration attorneys have the means and know-how to respond to your inquiries and represent you in obtaining a EB-3 Skilled Workers, Professionals, and Other “Unskilled” Workers Visa. It is crucial that you present the best case possible for your case. Our immigration lawyers will provide you with an analysis of your case based on the standards that are set forth by both US Immigration and Nationality Law and prior decisions.
Please do not hesitate to contact Kyung Immigration Law Office, A Professional Law Corporation to discuss your potential EB-3 Skilled Workers, Professionals, and Other “Unskilled” Workers Visa case.
USCIS EB-3: Skilled Workers; Professionals; Other “Unskilled” Workers: http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3