The EB-2 visa for individuals with advanced degrees or exceptional ability in the U.S. can waive labor certification if in national interest.
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
Do an eligibility check, or pick a visa, or just sign up directly to create an account. Then you can see all the documents needed, questions you must answer, and fee payments for our services and to the government. If you have any questions, it is easy to contact our sales team or to schedule a call.
- 2Eligibility Confirmation Before Payment
First you will answer a few questions to ensure you are eligible for the visa. Only if you are eligible will the payment unlock. Making payment assigns an immigration lawyer or regulated consultant to your application. We are transparent in our process and pricing, and clearly list all the fees and processing times for your visa. Read our Transparency Pledge. We use Stripe for credit or debit card payment processing, which is secure and encrypted.
- 3Complete Your Application Online
You can complete as many of the application tasks you wish before payment. Take your time. Some visas require a lot of information, which requires answering questionnaires and uploading of documents. Our system ensures everything necessary is gathered depending on your situation - preventing errors and omissions - and saving you time.
- 4Visa Preparation and Submission
Once all the tasks are completed, our experts will review your answers and start preparing your application so that the best case is best presented. Government fees are also due once the application is completed and we can correctly calculate the government fees due. 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 an accurate application.
- 5Approval and Renewals
We notify you when your visa is approved! If there are any questions or rejections from the government, we will answer them and resubmit without any further fees from us. We securely store your immigration documents for 7 years and provide alerts well before any expiry dates. Renewing or taking the next step toward citizenship is easy when all your immigration history is in one place.