Employment Based Immigration (EB-2 Work Visa)

There are three EB-2 US business visa types that candidates can apply under:

• Advanced Degree – Applicants under this category are entering USA to perform a job that requires an advanced degree.
• Exceptional Ability – These applicants possess ‘exceptional ability’ in the arts, business or sciences.

National Interest Waiver – U.S. employers who wish to hire a foreign worker must prove that there are no qualified U.S. workers to occupy the position that the foreign worker has been offered, by undergoing a labour certification process. Foreign nationals who want the job offer and labour certification requirement to be removed, as their employment is in the interest of USA, can apply under the National Interest Waiver category.

The EB-2 US business visa process differs depending on the category under which the applicant falls. The application process is administered by U.S. Citizenship and Immigration Services (USCIS).

Advanced Degree and Exceptional Ability

• The U.S. employer must submit Form I-140 (Petition for Alien Worker) on the candidate’s behalf to USCIS.
• This should be accompanied by an ETA Form 9098 – an approved Application for Permanent Employment Certification, issued by the Department of Labour.
• The U.S. employer should showcase a federal income tax return, annual report or audited financial statement to prove a sustained ability to pay the wage offered as on the date of filing the petition.

National Interest Waiver

• The candidate can self-petition by submitting Form I-140 to USCIS, without any need for an employer to sponsor their application.

The labour certification can be filed directly by the candidate to USCIS.

The EB-2 US business visa requirements for eligibility vary according to the category:

Advanced Degree

• The job that the candidate has applied for should require an advanced degree.
• The candidate should have an advanced degree or an equivalent foreign qualification – a bachelor’s degree or an equivalent foreign degree, in addition to at least five years of progressive post-bachelor work experience in the relevant field.
• The candidate must fulfil all the requirements mentioned on the labour certification, where applicable.

Exceptional Ability

• The candidate should display exceptional ability in the arts, business or sciences.
• Exceptional ability implies a level of expertise that is significantly higher than that ordinarily observed in the arts, business or sciences.
• The candidate should provide evidence of meeting three criteria of ‘exceptional ability’.
• The candidate must fulfil all the requirements mentioned on the labour certification, where applicable.

National Interest Waiver

• Typically, the waiver is granted to people with exceptional ability.
• The candidate’s employment in USA must greatly benefit the country.
• The candidate should provide evidence of exceptional ability or an advanced degree.
• The candidate should provide evidence of meeting the National Interest Waiver criteria.

The EB-2 US business visa application must be accompanied by supporting documents, to prove evidence of the applicant’s eligibility.

Advanced Degree

• Official academic records showing that the applicant possesses an advanced degree or bachelor’s degree from a U.S. institution or an equivalent qualification from a foreign institution.
• Letters from present and previous employers documenting five or more years of post-bachelor’s progressive work experience in the field of specialty.
• If it is mandatory to have a doctoral degree, the applicant must possess a doctoral degree from a U.S. academic institution, or an equivalent foreign degree.

Exceptional Ability

Provide evidence of meeting any three of the following criteria:

• Official academic records proving that the applicant has a diploma, certificate, degree or a similar award from a school, college, university, or other learning institution related to the field of exceptional ability.
• Letters recording ten or more years of full-time work experience in the relevant profession/occupation
• License for practicing the profession or a certification for the occupation/profession
• Membership of a professional association(s)
• Salary or other form of remuneration demanded by the applicant that proves exceptional ability
• Recognition by peers, government, business/professional organizations for accomplishments and significant contributions made towards the relevant field or industry
• Other comparable proof of exceptional ability may also be accepted

National Interest Waiver

• Evidence of having an advanced degree or possessing exceptional ability
• Meet the following three criteria:
• The endeavour proposed by the applicant is of national importance and has substantial merit.
• The applicant is capable of advancing the endeavour proposed.
• Waiving the job offer requirement and labour certification would be of benefit to USA.