EB-2 Advanced Degree, Exceptional Ability or National Interest Waiver

EB-2 is an employment-based immigration category available to foreign nationals who meet certain criteria.

EB-2 is Available to Three Groups of Individuals

  1. Someone holding an advanced degree;
  2. Someone with an exceptional ability in the sciences, arts or business; and
  3. Someone applying for a national interest waiver.

When someone seeks a national interest waiver, they are claiming that it is in the national interest of the U.S. to waive the requirement for a labor certification. The majority of EB-2 cases approved are for advanced degree foreign nationals because the requirements to meet exceptional ability or a national interest waiver are that much harder. Nevertheless, where appropriate facts exist, it should not deter the exploration of EB-2 through the exceptional ability or national interest waiver routes, whichever applies. Further, those seeking EB-2 with a national interest waiver do not require a job offer.

A labor certification (PERM) is required for EB-2 excluding national interest waiver applicants.

Speak with an Immigration Attorney

Sunil C. Patel Immigration Law understands the complexity of the labor certification process and national interest waivers and we are here to help. We are committed to honest, cost-effective immigration advice and services in every case. Contact us for more information about how we can assist you and see what some of our clients have to say about our work.

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