The EB2 category for green card applications is highly favored by many applicants because—in some instances—those applicants can apply for the green card without the need of sponsorship from an employer. This is called a “self-petition.” Green card applicants who self-petition do not need a job offer in the US. However, in order to be able to self-petition, the applicant must qualify for a “National Interest Waiver.”
No. “EB2” simply refers to the applicant category. The resultant green card is the same as other green cards.
There are two alternative methods for qualifying for an EB2 green card: have a relevant advanced degree or an exceptional ability.
No, not every individual with an advanced degree will qualify. EB2 applicants must demonstrate that their occupation is a profession. The term “profession” is defined as any occupation for which a U.S. baccalaureate degree or its foreign equivalent is the minimum requirement for entry into the occupation. “Professional” occupations include (but are not limited to) architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, colleges, academics, or seminaries
Exceptional ability means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. EB2 applicants who claim to have Exceptional Ability must meet three out of the following seven criteria:
Entrepreneurs should discuss which element (ie, national economy, cultural or educational interest, or welfare of the United States) their entrepreneurial enterprise is claimed to benefit. For example, the educational interests of the United States may be met by an entrepreneurial enterprise that establishes tutoring instruction learning centers throughout the United States.
As another example, the entrepreneur could demonstrate that at least one aspect of the welfare of the United States will be “substantially” better off were the entrepreneurial enterprise to be located in the United States. It should be noted that the term “welfare” as used by the statute is a broad concept and could refer to any number of areas.
USCIS offers premium processing for EB2 green cards. This expedited processing can reduce the processing time to 15 days. However, if USCIS requests additional evidentiary documentation, the process can be extended by an additional 15 days after receipt of the requested documents. Afterwards EB2 green card applicants who are overseas will then schedule an interview at their US consulate.
The national interest waiver authorizes EB2 green card applicants to self-petition (ie, apply on their own behalf for the green card, rather than needing the sponsorship of an employer). EB2 green card applicants who qualify for the national interest waiver file their labor certification directly with USCIS.
National interest waivers are usually granted to those EB2 green card applicants who have exceptional ability and whose employment in the United States would greatly benefit the nation. Applicants who otherwise qualify for EB2 classification may obtain a national interest waiver if they demonstrate all three of the following criteria:
Examples of work activities that greatly benefit the nation include the following:
Yes. Entrepreneurs must first demonstrate that they either belong to the professions with holding an advanced degree or have an exceptional ability.
No. Entrepreneurs do not need to have an actual job offer from a US employer if they qualify for a national interest waiver. Those entrepreneurs may apply for the EB2 green card on their own behalf without sponsorship from an employer
Yes. In fact, there is a national interest waiver (NIW) specifically for doctors who meet the following criteria:
During the EB2/NIW VISA CONSULTATION you will be explained the requirements, processing time and governmental fees involved in EB2/NIW visa applications.
You will also receive feedback on factors of your case that may weaken or strengthen your EB2/NIW visa application.
If you currently reside in the European Union
If you do NOT currently reside in the European Union