Our last article was about the EB-1 Visa, which is set aside for “Aliens of Extraordinary Ability.”
Overview
Our last article was about the EB-1 Visa, which is set aside for “Aliens of Extraordinary Ability.” We now look at the complicated world of EB-2 Visas and National Interest Waivers.
As an initial matter, the EB-2 visa is broken down into two categories:
Visas in both categories count towards the 40,000 visa cap as well as any leftover from the EB-1 category. Currently, as of the March 2013 visa bulletin, there are waiting lists for immigrants from China and India.
Going back to the two EB-2 categories, a person with exceptional ability is defined as satisfaction of at least three of the following requirements:
An advanced degree professional is defined as someone who holds an advanced degree such as a Ph.D. or Masters, or must hold a baccalaureate degree and have five years of experience in his or her specialty.
The National Interest Waiver (“NIW”) mentioned above is a waiver of the job offer requirement and the Labor Certification Application (“LCA”) requirement. A job offer may be difficult to secure in time for filing and the LCA process can be tedious and time-intensive both for attorneys and for USCIS to process. Thus, a NIW is in the best interest of speed and efficiency and frequently accompanies EB-2 visa petitions. To satisfy the NIW requirements, one must demonstrate three basic requirements:
While the requirements appear challenging and onerous, they may not always be such. To demonstrate that the applicant’s work benefits the US, we need not show a direct, immediate impact on a national scale. It is sufficient of the work will indirectly contribute to the benefit of the nation as a whole. For example, the work of a civil engineer engaged in the construction of a bridge benefits the national economy (even though the bridge is local), while the work of a teacher benefits the local community. Further, for NIW purposes, the field matters more than the individual’s experience. As an example, it is generally easier to argue for a cancer researcher than an experienced web blogger even though both persons may be accomplished in their fields. .
The arguments and the processes involved can be complicated and require an experienced attorney to navigate. Contact our office if you have any questions regarding the EB-2 visa or any of your immigration issues.