permanent

eb-2

Employment-Based Immigration: Second Preference

    You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a an alien who has exceptional ability.

   Individual may seek a waiver of the required job offer and related labor certification (PERM) by proving that his/her admission to permanent residency would be in the national interest of the USA.

Eligibility Criteria

Check below the categories that you can be considered eligible for an employment-based, second preference visa:

Advanced Degree

     The job you apply for must require an advanced degree and you must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field).

evidence

   Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.

Exceptional Ability

     You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”

evidence

     You must meet at least three of the criteria below.*

National Interest Waiver

   Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the nation. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.

evidence

   You must meet at least three of the criteria below* and demonstrate that it is in the national interest that you work permanently in the United States.

Note: Employment-based, second-preference petitions must usually be accompanied by an approved Application for Permanent Employment Certification from the Department of Labor on ETA Form 9089, however, you may request a waiver of this requirement for a National Interest Waiver case.

 

To qualify for an EB-2 visa, your employer must file a Form I-140, Petition for Alien Worker, unless you are filing for a National Interest Waiver, in which case you can file a Form I-140, Petition for Alien Worker on your own behalf.  As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage.

* CRITERIA
  • 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.
** CRITERIA for National Interest wave
  • The proposed endeavor has both substantial merit and national importance.
  • You are well positioned to advance the proposed endeavor.
  • It would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.
“National Interest” Defined

    As stated by The Immigration Act of 1990, the EB-2 category standards for a national interest waiver are “significantly above that necessary to prove prospective national benefit”.
     This is the only reference to “national benefit” in the Immigration Act, so “National Interest” is not clearly defined. Because of this, USCIS is very accommodating when dealing with national interest applications. The petitioner will be required to prove that the job offer waiver exemption will fall into the category of national interest. The cases will be independently considered based on the provided documentation. Instrumental considerations leading to positive decisions in our firm’s cases include:

  • The non-resident’s admittance will advance the economy of the U.S.
  • The non-resident’s admittance will advance the working conditions and earnings of U.S. workers.
  • The non-resident’s admittance will make available more affordable housing for elderly, young, or underprivileged U.S. residents.
  • The non-resident’s admittance will improve the U.S. ecosystem by promoting a more beneficial use of national resources.
  • The non-resident’s admittance is requested by a concerned entity of the government.

   The USCIS have revisited the analytical framework for assessing eligibility for “national interest waivers”. The decision established that USCIS may now grant a National Interest Waiver if the applicant demonstrates:

  1. The foreign national’s proposed endeavor have both substantial merit and national importance;
  2. The foreign national is well positioned to advance the proposed endeavor;
  3. On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements
Process

Consulting application

Application for the consultancy service with JL Recruitment and Consulting.

Job Offer

Workers receive a job offer from employers sponsors.

File PERM

Application for Labor certification

PERM Approval

Depart of Labor submits PERM approval

File I-140

Employers fill Form I-140, permanent residence for foreign workers.

Green Card

The Green Card approved you can enjoy all the benefits of Permanent Resident.

Interview with US Embassy

Interview at the Embassy of the USA

DS-260 or Adjustment of Status

Application for DS-260 or I-485
after I-140 approved

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The information, templates, forms, tips, and tools provided in and through JL Recruitment & Consulting, LLC is not legal advice. JL Recruitment & Consulting, LLC is not a law firm and the employees and contractors (including attorneys, if any) of JL Recruitment & Consulting, LLC are not acting as your attorneys, and none of them are a substitute for the advice of your own attorney or law firm licensed to practice law in your state or home country.