CHINESE   KOREAN    JAPANESE    RUSSIAN    DUTCH    GERMAN    FRENCH    SPANISH    ARABIC    ITALIAN    PORTUGUESE    GREEK

Heller Immigration Law Group, LLP

   Celebrating 25+ Years of Immigration Service to the Corporate, VC Startup, Technology, Scientific & Academic Communities.

Home   |   Legal Team   |   Hilg Blog   |   Hilg Articles   |   Services   |    Immigration Links   |   Contact Us
 
Our Firm
H1 / Work Visa
PERM / LC
National Interest Waiver
Extraordinary Ability
Investor Visa
Religious Workers
Nurses
J / Exchange Visitor
O / Extraordinary Ability
TN / Professionals Under NAFTA
L / Intra-Company Transferees
E / Treaty Traders and Investors
P / Artists, Entertainers, and Athletes
R / Religious Workers
Employment Based
Family Based
Asylum
Other Services
Immigration Definitions
Employers With Jobs
Job Seekers
 

National Interest Waiver
 

NATIONAL INTEREST WAIVERS - EB2; SELF-PETITIONS

The EB-2 classification includes: aliens who are "members of the professions holding advanced degrees or their equivalent" and aliens "who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States."

A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty.

Qualified alien physicians who will be practicing medicine in an area of the United States certified by the Department of Health and Human Services as underserved may also qualify for this classification. Read more about this program.

In order to be classified as having exceptional ability in the sciences, arts, or business, the individual must provide documentation of three of the following:

  • An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;
  • Letters documenting at least ten years of full-time experience in the occupation being sought;
  • A license to practice the profession or certification for a particular profession or occupation;
  • Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;
  • Membership in professional associations;
  • Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.

    If the above standards do not apply to the petitioner's occupation, other comparable evidence of eligibility is also acceptable.Application Procedures

    USCIS Form I-140 Petition for Alien Worker is required. Your employer must file a USCIS Form I-140 (Petition for Alien Worker) at the USCIS Regional Service Center that serves the area where you will work.

    EB-2 petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-750. Please see the Department of Labor's Employment and Training Administration for more information.

    If you are a worker with exceptional ability in the sciences, arts, or business, you may apply to waive the requirement that you have a job offer if such a waiver would be in the national interest. To apply for a national interest waiver, you must submit Department of Labor Form ETA-750B. Please see the Department of Labor's Employment and Training Administration for more information.

 
Home   |   Legal Team   |   Hilg Blog   |   Hilg Articles   |   Services   |    Immigration Links   |   Contact Us
The information provided throughout the Website is general in nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of Heller Immigration Law Group, LLP, or establish an attorney-client relationship.

©copyright 2008 Heller Immigration Law Group, LLP All rights reserved
 
























Free Consult, 1/800 863-4448, Employment-based immigration & PERM labor certification, EB1, NIW, H1b, USCIS, green cards.

Heller Immigration Law Group, LLP, 1/800 863-4448, Free Consult, specializes in employment-based immigration & PERM labor certification, 25+ yrs. We assist individual, HR/corporate, academic, scientific, governmental, and non-profit clients with H1b work permits, permanent residency, and green cards."

Immigration Lawyer, Immigration Attorney, Immigration Law Firm, H1b, eb2, NIW, national interest waiver, PERM labor certification, eb1, extraordinary alien, USCIS, Visa Bulletin, US Immigration, Investor visa, immigrant investor, E2 visa, treaty trader, treaty investor, immigration visa, perm lc, immigration forms, TN visa, nafta, palo alto attorney, palo alto lawyer, usa immigration, silicon valley immigration, mountain view immigration, immigration consult, green card, greencard, b2 visa, tourist visa, visa denial, us consulate, visa work permit, immigration marriage, ir adj, adjustment of status, aos, i-485, i-129b,ins filing fees, uscis filing fees, immigration offices, california service center, infopass, california service, immigration toll-free, uscis customer, uscis offices, bay area attorney, silicon valley attorney, san francisco immigration, san francisco immigration attorney, silicon valley immigration attorney, san jose immigration, best immigration lawyer, best immigration attorney, best immigration law firm, visiting scholar, post doc, j-1, h2b, immigration consultant, google, hp, stanford university, international student, nurse immigration, dui immigration, schedule A, usdol, h3 visas, extraorinary aliens, advanced degree professionals, removal immigration, diversity lottery, immigration lottery, fremont attorney, venture capital, sand hill road venture, immigration engineer, immigration scientist, software engineer immigration, human resources immigration, university immigration, hr director, hr managers, recruiter, india immigration, india visa, e-3 visa, canadian immigration"