EB-2 National Interest Waiver

March 17, 2023
The EB-2 preference class includes members of the professions holding advanced degrees and foreign nationals who, because of their exceptional ability in the sciences, arts, or business, will substantially benefit the national economy, cultural or educational interests, or welfare of the United States.

To qualify as a member of the professions, the applicant must hold an advanced degree or its equivalent (that is, any degree above that of a baccalaureate or a baccalaureate degree with at least five (5) years of progressive experience in the specialty).

If the profession requires a degree higher than a Master’s degree, the alien must possess that degree.

National Interest Waiver of the Labor Certification Requirement

Approval of the National Interest Waiver means that the USCIS has determined that it is in the national interest that the applicant not be required to obtain an individual labor certification. National Interest Waiver requests are determined based on evidence that approval of the waiver has been requested by an interested US government agency and the waiver will:

Improve the U.S. economy;
Improve wages and working conditions of U.S. workers;
Improve education and training programs for U.S. children and under-qualified workers;
Improve health care;
Provide more affordable housing for young and/or older, poorer U.S. residents;
Improve the environment of the United States and make more productive use of natural resources.

This summary is not intended to be a legal consultation and is intended to be a general description. A legal consultation is necessary before any action is taken. Please call Birg Law (847) 579-9989.