National Interest Waiver (EB-2) Visa

The Immigration and Nationality Act (INA) provides for five different ways to immigrate to the US and obtain legal permanent residency (more popularly known as the "green card" or "green card eb2" even though it is no longer green). There is an annual overall cap of immigrant visas that is currently set at approximately 480,000 visas a year. The fiscal year begins in October and that is when a new group of immigrant visas become available so foreign nationals can obtain their green card through one or more of these five different alternatives. The US government has a mathematical formula for distributing these visas among the five groups of eligible categories. Entering the US with a green card through Employment- based immigration is one of them.

The Department of State publishes a Visa Bulletin every month that accounts for all the visas that were used in the prior month and are available for the remainder of that fiscal year for all five categories. It provides an explanation of how it accounts for all the visas. There are five preferences for Employment-sponsored visas: Priority Workers (EB-1); Advanced Degree or Foreign nationals of Exceptional Ability (EB-2); Professionals, Skilled Workers, and Other Workers (EB-3); Special Immigrants (EB-4); Investors (EB-5).

What is a Green Card EB2?

EB-2 is the second preference category requiring an advanced degree or exceptional ability in the sciences, arts, or business, whose immigration to the United States will substantially benefit the national economy, cultural, educational interests, or welfare. A job offer from an employer in the sciences, arts, professions, or business is required.

What is a National Interest Waiver?

If a foreign national does not have a job offer from an employer or does not wish to request one from his or her employer, the foreign national may elect to self-petition and prove to U.S. Citizenship and Immigration Services that it is in the national interest of the United States to waive the requirement of an approved PERM (job offer) requiring his or her services in the sciences, arts, professions, or business.

U.S. Citizenship and Immigration Services would like foreign nationals to prove that: 1) the foreign national seeks employment in an area of substantial intrinsic merit; 2) benefit will be national in scope, and 3) the national interest would be adversely affected if a labor certification (PERM) were required for the foreign national. Stated another way, a foreign national seeking an exemption from the labor certification (PERM) must present a national benefit so great as to outweigh the national interest inherent in the labor certification process.

How can we help you?

We will assist you in ensuring that you are applying for a green card under the correct preference. We will also advise you regarding your priority date and country of birth requirements. If you are eligible for a green card through Employment immigration, we will also provide guidance to help you obtain the supporting documentation you will need to prove that you qualify. We will prepare and file all immigration or consular documentation necessary to properly submit your case.