SECOND PREFERENCE NATIONAL INTEREST WAIVER
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 foreign national who has exceptional ability. Below are the occupational categories and requirements:
Eligibility Criteria
* 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
Note: Employment-based, second-preference petitions must generally be accompanied by an approved individual labor certification from the Department of Labor on Form ETA-750. Please see the Department of Labor’s “Foreign Labor Certification” page for more information.
To qualify for an EB-2 visa, your employer must file a Form I-140, Petition for Alien Worker. For more information about filing, see the “Forms” page.
Family of EB-2 Visa Holders
Your spouse and children under the age of 21 may be admitted to the United States in E-21 and E-22 immigrant status, respectively. During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD).