EB-2 Visas and National Interest Waivers

Employment Based Immigrant Visas for Non-U.S. Citizens with advanced degree(s), or an extraordinary ability, who qualify for National Interest Waivers

Employment based immigrant visas come in several categories. Here at Khanna Law, we have experience representing clients who seek an EB-2 visa and contemporaneous National Interest Waiver.

In order to qualify for an EB-2 visa one should consider if they are able to prove:

  • That they have a degree, diploma, certificate, or similar award, that is related to their area of extraordinary ability, from an institution of higher learning, 
  • That they have at least 10 years of relevant employment experience
  • If necessary, that they have proof of licensure as required by their profession,
  • That they are able to command a salary that is indicative of their exceptional ability,
  • That they have received awards and/or achievements in their field.

For some applicants for an EB-2 visa, they will have to pursue a Labor Certification, as part of their application process; but others might be able to avoid that requirement by showing that they qualify for a National Interest Waiver. In order to Qualify for a National Interest Waiver, one should consider whether they can show:

  • That they have an advanced degree, or exceptional ability,
  • That their work has both substantial merit and national importance,
  • That they are well-positioned to advance their work,
  • That it would be advantageous to the U.S. to waive the labor certification in their case.

One can apply for an EB-2, or an EB-2 National Interest Waiver, either inside our outside of the U.S. Consular Processing would be necessary for an applicant that is located outside of the U.S.

Once approved, whether the Applicant received an EB-2 visa, or an EB-2 National Interest Waiver, they will be considered to be a Lawful Permanent Resident of the United States.

If you believe that you meet the requirements for an EB-2 National Interest Waiver, and are interested in applying, please feel free to contact us and schedule a consultation so that we may discuss your options with you.


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