EB- 2 National Interest Waiver

Extraordinary individuals visa for professions holding advanced degrees or foreign nationals of exceptional ability. PERM Required.

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Qualifications

• Must have:

• Advanced degree, or
• Prove exceptional ability in sciences, arts, or business. Exceptional ability requires any three (3) of:

• Degree relating to area of exceptional ability
• Employment letter(s) showing 10 years of experience
• License to practice in your profession
• Salary commensurate with extraordinary ability
• Membership in a professional association
• Recognition for significant contributions to or achievements in the field

• The requirement for labor certification is waived if you can show that you have substantially benefited or will substantially benefit prospectively the U.S. national economy, cultural or educational interests, or welfare of the U.S. These criteria must all be met:
• The proposed endeavor has both substantial merit and national importance;
• The applicant is well positioned to advance the endeavor; and
• It would be beneficial to the U.S. to waive the normal requirement of a job offer and labor certification.

• Must intend to work in the area of expertise in the U.S., but an offer of employment or employer sponsorship is not required.

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Timeline

• On average this takes 4-6 weeks to put together and file with USCIS. Regular processing time is 10-15 months. Premium Processing is available which reduces processing time to 15 days.  Requests for Evidence are common.
• Following the approval of the immigrant visa petition with USCIS, the processing of applicant’s and their immediate family’s individual applications for permanent residence with USCIS or immigrant visas abroad generally take several additional months.