For professional holding advanced degrees or foreign nationals of exceptional ability. PERM labor certification waived due to your proved contributions to the United States.

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.

Timeline

  • On average this takes 4-6 weeks to put together and file with USCIS As of January 2021, USCIS is taking 8-17 months to adjudicate; currently there is no Premium Processing. Requests for Evidence are common.

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EB-2 National Interest Waiver

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