Immigrant Visa without Labor Certification
National Interest Waiver (EB-2)
Foreign professionals who hold at least a Master’s Degree or can prove exceptional ability in certain fields are eligible for legal permanent residence as advanced degree professionals absent the labor certification requirement. If the foreigner’s field benefits the national interest (improves the United States economy, health care system, environment, education, housing, culture, technology, etc.) and the foreigner can submit evidence of prospective significant contributions to his or her field, he or she may qualify for a “National Interest” waiver from the labor certification process. In particular, the alien must satisfy the requirements of the recent precedent National Interest Waiver case of Matter of New York State Dept. of Transportation, which requires that:
- The alien is seeking employment in an area of “substantial intrinsic merit”;
- The alien’s prospective benefit is national in scope; and
- “The alien will serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications.”
Evidence submitted in support of the national interest waiver includes that filed in support of the extraordinary ability and outstanding researcher petitions (publications, presentations, awards, patents, etc.). The alien may self-petition or be sponsored by an employer.