The employment-based, second preference visa is for members of the professions holding an advanced degree or its equivalent or for individuals with an exceptional ability. The employer is required to apply for labor certification unless the employment or entrepreneurial activity serves the national interest.
How do I qualify for this visa?
- Individuals with exceptional ability in the sciences, arts or business, OR
- Professionals with advanced degrees or equivalent (e.g. bachelor’s degree plus five years of progressively responsible experience)
- Individuals who can demonstrate that it is in the national interest that they work permanently in the United States. Such individuals must be a professional holding advanced degree or an alien of exceptional ability. If the services rendered by these individuals benefit the national interest, the labor certification may be waived. This is known as national interest waiver (NIW). It is not necessary to have an employer in the NIW context. As such, an individual may self-petition for a NIW. Professionals and exceptional ability individuals who may qualify for the national interest waiver include:
a. Individuals in sciences and arts employed in areas of substantial intrinsic merit
b. Professionals such as physicians employed full-time in medically underserved areas, Veteran’s Administration facilities and federal state agencies where the physician’s work has been deemed to be in the national interest.
c. Other professionals who qualify in this category are physical therapists and other fields of endeavor where the minimum requirement is a master’s degree or the equivalent of a bachelor’s degree and five years of progressively responsible experience related to the job offer.
d. National interest waiver entrepreneurs whose business will serve the interest of the United States.
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