ERM Immigration Law, PLLC
ERM Immigration Law, PLLC
E|R|M Immigration Law, PLLC

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Helping Clients With EB-2 Visas

An EB-2 visa is an excellent option if you do not fit into the criteria for an EB-1 visa, but you still wish to work permanently in the United States.

Having worked with numerous clients to obtain EB-2 visas for them, our Seattle team at ERM Immigration Law, PLLC, can help you, too. We have worked with people in various industries in countries around the world. No matter your background, we can help you determine eligibility and we know how to develop a practical strategy that leads to lawful permanent residency.

Who Can Apply For An EB-2?

Section 203(b)(2)(A) of the Immigration and Nationality Act makes immigrant visas available to qualified immigrants who are members of the professions holding advanced degrees or their equivalent, have a job offer, and their prospective employer has obtained a permanent labor certification (PERM) from the United States Department of Labor (“DOL”) under section 212(a)(5)(A)(i) of the Act.

The applicant must be qualified for the position. For some applicants, the wait for a Green Card in this category can be many years depending on the country of birth.

What Is The National Interest Waiver?

However, you can still get a Green Card in the EB-2 category through a process called EB-2 National Interest Waiver (NIW).  Through this process, the “job offer” and labor certification (PERM) requirements can be waived when it is in the national interest. INA 203(b)(2)(B)(i). A foreign national is eligible for an employment-based, second preference visa (EB-2) if they are a member of professions holding an advanced degree or its equivalent. The potential position the beneficiary seeks must require an advanced U.S. degree and the beneficiary must possess an advanced U.S. degree or its equivalent.  INA §203(b)(2). An advanced degree is a US degree above a B.A., or its foreign equivalent.

On December 27, 2016, the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Services issued a precedent decision, Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016) which vacated Matter of New York State Dep’t of Transp. [NYSDOT], 22 I&N Dec. 215 (Acting Assoc. Comm’r 1998). This decision has made the NIW more accessible for many applicants.

Pursuant to Dhanasar, if you can establish that you are otherwise eligible for EB-2 designation, USCIS may grant a national interest waiver if:

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

Generally, to prove eligibility in this category USCIS will look at your accomplishments and contributions to the field. Some of the factors they will consider are:

  • Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
  • Membership in associations in the field which demand outstanding achievement of their members;
  • Published material about you in professional or major trade publications or other major media;
  • Evidence that you have been asked to judge the work of others, either individually or on a panel;
  • Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
  • Authorship of scholarly articles in professional or major trade publications or other major media;
  • Leading or critical role in distinguished organizations; and,
  • Evidence that you command a high salary or other significantly high remuneration in relation to others in the field.
  • Other factors may also be considered.

The flexibility offered by the NIW is very desirable. Proving eligibility, though, is not easy. We will advocate for you during the petitioning phase and your interview.

Talk To An Immigration Lawyer About An EB-2 Visa Or NIW

Get our experienced team on your side as you seek long-term employment and permanent residency in the United States. We are ready to help you make this dream a reality. To schedule an initial consultation with one of our staff members, please call 206-745-9241 or send us an email.