The EB-2 Category
For Employment-Based Immigration
A foreign national may be eligible for the EB-2 immigrant visa preference category as a member of the professions holding an advanced degree or its equivalent, or as an individual with exceptional ability.
In general, those seeking permanent residence in this category must have a full-time, permanent job offer and a sponsoring employer. The position offered must be one for which qualified workers are not available in the United States. This is normally established via the PERM labor certification process.
However, individuals whose work is in the national interest may self-petition in this category, requesting that the Labor Certification be waived because it is in the interest of the United States. This program is referred to as the National Interest Waiver (NIW).
Applicants with an advanced degree or its equivalent
The job to be occupied by the foreign national must require a master’s degree or a Ph.D. and the applicant must possess the required degree. In some cases, a bachelor’s degree plus five years of progressive work experience in the field may substitute for an advanced degree.
Applicants with exceptional ability
The foreign national – with or without an advanced degree -- must demonstrate a level of expertise significantly above that ordinarily encountered in the sciences, arts or business.
National Interest Waiver
A waiver of the Labor Certification requirement may be granted to those who have exceptional ability and whose employment in U.S. would be in the nation’s interest.