EB-2 National Interest Waiver
Boston Massachusetts Immigration Lawyers
Employment Based Immigration
EB-2 Immigrant Visa With National Interest Waiver
The Employment Based Immigrant Visa-Second Preference Category, which is commonly referred to as “EB-2”, generally requires that the individual have at least a master’s degree, or a bachelor’s degree with five years of post baccalaureate progressive experience. In most cases the process of filing an EB-2 application is similar to filing the H1B temporary worker visa in that the EB-2 application is filed by a sponsoring employer who must, as a preliminary step, obtain certification from the Department of Labor.
The EB-2 National Interest Waiver provides an exception to the standard EB-2 requirement that applicants have a sponsoring employer who is willing to file a labor certification on their behalf. The National Interest Waiver allows certain individuals to forego the labor certification process. It also allows individuals the option of filing through a sponsoring employer or self-petitioning-that is, filing their EB-2 application individually without their employer’s direct involvement.
Qualifications for an EB-2 Immigrant Visa: National Interest Waiver
There are two overarching requirements that must be satisfied to qualify for an EB-2 visa with National Interest Waiver. The first, of course, is that the individual must fit into the basic EB-2 category.
To obtain a national interest waiver, allowing the applicant to self-petition and to forego the labor certification process, the applicant must demonstrate that their ongoing work is in the national interest. This requires that the individual present evidence that:
- They seek employment in an area of substantial intrinsic merit;
- That the benefit of their work will be national in scope
- That national interest would be adversely affected if a labor certification were required.
The first factor, intrinsic merit, requires simply that the applicant’s field of employment be clearly beneficial from a societal perspective.
The national scope factor means that the applicant’s work must have some benefit that extends beyond their local area of employment. In the case of researchers, for example, this is often demonstrated by showing that their work, which might involve the study of a very particular phenomenon, has significant implications for solving a large problem.
The third factor requires that the applicant’s employment in the United States will serve national interests “to a substantially greater degree than would an available U.S. worker having the same minimum qualifications.” The normal labor certification process is designed to ensure that U.S. workers are not displaced by foreign workers having the same qualifications. To obtain a national interest waiver, the applicant’s qualifications must significantly exceed the basic requirements for employment in the in their field of endeavor.
In addition to the three primary factors, other factors that bear on the analysis of whether a national interest waiver should be granted include the impact of the individual’s continued U.S. employment on the nation’s economy, wages and working conditions, education, health care, the environment, and housing.
Requesting a national interest waiver is a very involved process that generally requires significant documentation of the applicant’s work, numerous reference letters and other supporting documents.
As attorneys, we welcome the opportunity to work with individuals whose hard work and talent make them candidates for a national interest wavier. In preparing the EB-2 application and national interest waiver request, our attorneys work closely with the applicant to craft the best possible submission for consideration by USCIS.
Talk to a Boston/Worcester/Central Massachusetts Employment Immigration Attorney
If you are interested in an EB-2 national interest waiver visa or believe you may qualify, contact Tadmor & Tadmor, LLP. Our office is located in Worcester, Massachusetts, but our clients reside across the country. We are here to answer any questions you may have about temporary and permanent work visas. To speak with a lawyer who is familiar with employment-based immigration matters, including EB-2 visas, or to schedule an appointment, call our law office at 508-791-9400 or toll-free at 800-530-7444. You may also contact us by e-mail.