EB-2: Exceptional Ability & National Interest Waiver
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EB-2: Exceptional Ability & National Interest Waiver
A national interest waiver may be acquired under the second preference employment category for aliens of exceptional abilities in the science, arts or business and advanced degree professionals. The annual quota for the issuance of these visas is 40,000 plus any unused visas from the first preference employment category.
If the alien beneficiary can satisfy three of the following criteria s/he may qualify for an exceptional ability second preference visa
Possesses an official degree, diploma, certificate or academic record from a recognised institution relating to the area of exceptional ability
Provide evidence from current or former employers showing ten years of experience in the field
Possesses a license or certificate authorising the practise in a particular area
Can prove that the salary received indicates exceptional ability
Membership in a professional association related to the area of exceptional ability
Proof of recognition for achievements and contributions to the field or industry by peers, government entities, professional or business organisations
Equivalent evidence to the above criteria that is more specific to the field of expertise
Ordinarily, a job offer and labour certification will be required for aliens applying for permanent residence on the basis of second preference employment. However, these requirements can be waived if the beneficiary can show that the proposed employment is in the national interest. What constitutes work of national interest is in the discretion of the Immigration authorities. It is for the petitioner to convince them that the work that he/she intends to pursue in the U.S falls under this category.