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EB 2 Classification National Waiver Interest Waiver | If you are a member of a profession that requires an advanced degree or an equivalent or a foreign national who has exceptional ability, you may be eligible for an employment based second preference visa.  As part of the application for this type of visa, a certification from the Department of Labor must be obtained.  Additionally, this category requires a job offer.  You may apply for a national interest waiver to avoid the labor certification requirement.

For a second preference employment visa based on an advanced degree, you must apply for a job that requires an advanced degree and you must possess that degree or its equivalent (a baccalaureate degree plus 5 years’ progressive work experience).  To demonstrate advanced education or equivalent experience, you must submit proof of a U.S. advanced degree or foreign equivalent or letters from current or former employers showing the requisite work experience.

If you are looking to qualify for a second preference employment based visa due to exceptional ability, you must possess “a degree of expertise significantly abova that ordinarily encountered in the sciences, arts, or business”.  Tis can be shown by providing at least 3 of the following:

  • 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 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.

To avoid the labor certification requirement, you must demonstrate that it is in the national interest of the United States for you to be employed here.  You may be eligible for this certification waiver if you can demonstrate that your work will be of great benefit to the United States.  You may do this by demonstrating the criteria listed above for exceptional ability.