USA Immigration
United States
United States
Employment-Based Immigration: Second Preference EB-2
You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a person who has exceptional ability. Those seeking a national interest waiver are requesting that the job offer, and thus the labor certification, be waived because it is in the interest of the United States. The endeavors that qualify for a national interest waiver are not defined by statute; instead, USCIS considers the 3 factors below.
Those seeking a national interest waiver may self-petition (you do not need an employer to sponsor you) and you do not need to obtain a labor certification from the DOL.
Eligibility as an Advanced Degree Professional
- Provide evidence of your U.S. degree above a bachelor’s (or foreign equivalent degree) or evidence of your U.S. bachelor's degree (or foreign equivalent degree) followed by 5 years of progressive experience in the specialty. Qualifying post-bachelor’s experience must all have occurred after you obtained your degree and must relate either to the field in which you received your degree or the proposed endeavor.
- Provide evidence that the occupation through which you propose to advance the endeavor is a profession, in that it requires at least a bachelor’s degree for entry into the field.
- If a doctoral degree is customarily required, you must provide an official academic record showing that you have a U.S. doctorate or foreign equivalent degree.
Eligibility as an Exceptional Ability (must meet at least 3)
- Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
- Letters from current or former employers documenting at least 10 years of full-time experience in your occupation
- A license to practice your profession or certification for your profession or occupation
- Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
- Membership in a professional association(s)
- Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
- Other comparable evidence of eligibility is also acceptable.
United States
Steps
How We Create a Strong EB-2 NIW Petition Letter.
At Fazal M International SMC PVT LTD, we follow a strategic, research-driven, and USCIS-compliant methodology to draft each EB-2 National Interest Waiver (NIW) petition letter. Our process is structured into three core parts to meet the legal requirements while aligning your background with the national interest of the United States.
Step 1: Profile Assessment and Occupation Identification
We begin by thoroughly reviewing your academic qualifications, professional experience, certifications, and contributions.
Based on this evaluation, we determine your primary occupational category according to the U.S. Department of Labor’s Standard Occupational Classification (SOC) codes. This is crucial to define your role in the U.S. job market and to align your work with recognized economic or social priorities.
Step 2: National Initiative Mapping
Once your occupation is defined, we conduct in-depth research on the U.S. national initiatives, strategic plans, and federal priorities for the next 10 to 15 years. These could be from the White House, Department of Labor, Department of Energy, Homeland Security, USDA, or other federal bodies depending on your field.
Step 3: Crafting Your Proposed Endeavor
We then develop a customized proposed endeavor that:
- Reflects your expertise and career goals,
- Aligns with ongoing or future U.S. national initiatives
- Addresses a matter of substantial intrinsic merit and national importance.
This forms Part 1 of the petition letter and builds the foundation for justifying your relevance to the United States.
Part 1: National Importance of Your Future Endeavor
We present a detailed narrative showing that your work:
- Has significant economic, social, environmental, or technological impact,
- Is aligned with one or more national priorities of the United States, and
- Serves the public interest on a national (not just regional or private) scale.
Part 2: Why You Are Well-Positioned
Next, we demonstrate why you are the right individual to pursue this endeavor by highlighting:
- Your academic credentials and specialized knowledge,
- Professional achievements, awards, and recognitions,
- Relevant experience, skills, and track record of success,
- Contributions that distinguish you from your peers.
This establishes your well-positioned standing under the second prong of the NIW framework.
Part 3: Why a Labor Certification is Impractical
In the final part, we argue that obtaining a job offer and labor certification is not in the best interest of the U.S. because:
- Your work is urgent and timely in relation to national needs,
- Your contributions offer exceptional value that cannot be delayed,
- Requiring a labor certification would undermine the benefits your presence could bring to the country.
This part aims to satisfy the waiver requirement under the third prong of the Matter of Dhanasar framework.
OUR Benefits
Benefits of EB2-NIW Immigration Approval (With Family)
The EB2-NIW (National Interest Waiver) is one of the most attractive U.S. immigration pathways for professionals and skilled individuals. Securing approval under this category offers advantages not only to you but also to your immediate family:
- No Job Offer Required – Apply for U.S. permanent residency without the need for employer sponsorship.
- Faster Green Card Process – Direct pathway to a Green Card compared to traditional work visas.
- Family Inclusion – Your spouse and unmarried children under 21 can also obtain Green Cards with you.
- Work Authorization for Spouse – Your spouse becomes eligible to work anywhere in the U.S. without restrictions.
- Education Opportunities for Children – Your children can attend U.S. schools and universities with the same benefits as residents.
- Stability & Security – Provides long-term settlement opportunities for the entire family in the U.S.