A Second Preference Immigration Petition (EB-2) is an employment-based petition for permanent residence reserved for those applicants who hold Advanced Degrees or Exceptional Ability. In most cases, the EB-2 classification requires a labor certification application approved. However, the law allows this requirement to be waived if it would be in the national interest to do so.
Are you looking to Immigrate to the U.S. but don't have a job offer from a U.S. employer?
If you have an advanced degree or are of exceptional ability then you can sponsor yourself by applying for an Employment-Based National Interest Waiver (NIW). This special process allows the applicant to bypass the job offer and labor certification requirement when applying for an Immigrant Visa to the U.S.
There are two types of NIWs an applicant can qualify for:
As a professional holding an advanced degree, meaning beyond a bachelor's degree, or a bachelor's degree and at least five years of experience in your profession.
As a person of exceptional ability in the arts, business, or sciences. Having an exceptional ability means expertise not normally found within your area of expertise.
We recommend starting the NIW as soon as you can, as paperwork and processing of this visa classification can take weeks or months to prepare. In addition, processing times can vary, from a few months to over one year.
There are two (2) types of EB-2 petitions:
- Advance Degree
- Exceptional Ability
Qualification for the EB-2 classification as an individual holding an advanced degree or a person of exceptional ability does not automatically qualify the person for an NIW. Before the alien can be granted an NIW. The applicant must then demonstrate their eligibility for the waiver of the labor certification and job offer requirements after establishing their eligibility.
The applicant must be able to show the following to be eligible for an NIW:
- Evidence that the proposed project by the applicant is both substantial merit and important nationally
- Proof that the applicant is in a good position to pursue the planned project or endeavor
- Evidence that, overall, the U.S. would benefit from waiving the conditions of a job offer and, consequently, a labor certification for the applicant
We provide an easy to use platform to gather the necessary information for your specific situation, combined with Immigration expert guidance, preparation and review of your application.
Our team will review your eligibility submission and provide you with confirmation of your ideal immigration program prior to payment of any fees. Once you decide to proceed, our platform guides you through a series of questions and helps you gather all the necessary documents. Our immigration experts will then prepare your case and complete the necessary forms, while reviewing the application to ensure it presents the best possible case. As the applicant, you will file the final application yourself.
Your dedicated case manager will provide end-to-end review and communication throughout the life of the application, including assisting with responses to any USCIS requests, to maximize your chances of success. The SuperVisas platform tracks key dates and expirations to ensure deadlines and renewal dates are not missed.
We also offer our clients supplemental visa and application services which may be required by the U.S. Government as part of an application filing, or which may improve an application’s success rate.
For example, if you are not comfortable handling the communications with the government and filing your own application, then we can help you use an immigration lawyer to represent you as an Additional Service with additional fees. We have a network of qualified U.S. attorneys and legal experts if you want the added peace of mind in knowing that your application is being represented by a licensed immigration attorney before the U.S. Government.
SuperVisas provides the following Additional Service for this visa:
- Attorney Representation - In addition to our preparation of your application, you will be represented by a licensed immigration lawyer throughout the entire application process. If you chose this Additional Service, your case will be submitted by a licensed immigration attorney who will also respond to any additional requests from USCIS on your behalf. You can enjoy peace of mind knowing that an attorney is handling all communications with USCIS.
- Business Plans - A Business Plan is a document that outlines how an applicant's business or past successes will succeed in the U.S. by focusing on applicant investments, intentions, and their prior work experiences.
- Academic Evaluations - An academic evaluation assesses foreign academic credentials to determine their equivalency in the United States.
How It Works
- 1Create An Account
Create an account and either check your eligibility, or pick an application to start. We start by asking questions specific to the visa to ensure your eligibility. This can be quick and simple, such as for visitor visas, or may require entering multiple questionnaires. If you have any questions, there are no fees to contact our immigration experts by email, WeChat, WhatsApp or by booking a call.
- 2Confirmation Before Payment
Our immigration consultants will check your answers and double-check your profile to confirm you meet the minimum requirements of a program. Only if you are eligible will we move you to the payment stage. At this time you must pay the SuperVisas fee. We are transparent in our process and pricing, and clearly list all the fees and processing times for your visa. We use Stripe for credit or debit card payment processing, which is secure and encrypted. Government fees are paid later when the completed application is submitted and once we can correctly calculate the various government fees due. It can be complicated, but we guide you through the process.
- 3Complete Your Application Online
Now, you can finish your application. There will be some "tasks", or many, for you to complete depending on your visa, such as entering your education achievements, employment history and/or dependent information. This can take time and will require answering more questionnaires and uploading of documents. Our system ensures everything necessary is gathered depending on your specific situation - preventing errors and omissions - while at the same time saving you money. Our immigration experts prepare your application so that your case is best presented to the visa officers. After a final review by you, and by our experts, your application will be submitted! You will have peace of mind that only comes with a complete and accurate application.
- 4Approval and Renewals
We will notify you when your visa is approved! We securely store your immigration documents for 7 years and will provide you alerts well before any expiry dates. Renewing visas or taking the next step down the immigration pathway toward citizenship is easy when all your immigration history is in one place. We also understand that moving to a new country can be difficult and hard to navigate. If needed, we will provide guides and referrals to our affiliate partners to help.
You’ll need the following documents if you decide to apply to this visa.
- All tax returns from the past two tax years
- Current I-94
- Duties Percentage Chart
- Employment Agreement
- Pay stubs for the past 12 months
- Prior I-797A approval notice