The EB-2 classification is open to individuals whose admission to permanent residence would be in the national interest, individuals with exceptional ability in the sciences, arts or business, professionals with advanced degrees and physicians intending to practice medicine in underserved areas .

NATIONAL INTEREST WAIVERS (NIWs)

An alien may apply for permanent residence status and seek a waiver of the offer of employment by establishing that his or her admission to permanent residence would be in the National Interest.  There is no rule or statutory standard as to what will qualify an alien for a National Interest Waiver. The USCIS considers each case on an individual basis.

Factors that have been considered in successful cases include:

1. The aliens admission will improve the U.S. economy.
2. The aliens admission will improve wages and working conditions of U.S. Workers.
3. The aliens admission will improve educational and training programs for U.S. children and underqualified workers.
4. The aliens admission will provide more affordable housing for young, aged, or poor U.S. residents.
5. The aliens admission will improve the U.S. environment and lead to more productive use of the national resources.
6. The aliens admission is requested by an interested U.S. government agency.

Evidence of a one-time achievement (i.e., a major, internationally-recognized award), or at least three of the following types of evidence is generally required:

1. Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor,
2. Membership in associations in the field which require outstanding achievements as judged by recognized national or international experts, published material about the alien in professional or major trade publications or other major media,
3. Participation on a panel or individually as a judge of the work of others in the field or an allied field,
4. Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field,
5. Authorship of scholarly articles in the field, in professional or major trade publications or other major media,
6. Display of the alien's work at artistic exhibitions or showcases,
7. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation,
8. Evidence that the alien has commanded a high salary or other high remuneration for services, or
9. Evidence of commercial successes in the performing arts, as shown by box office receipts or record,  cassette, compact disk, or video sales.

Your employer should file-in Form I-140, the Petition for Alien Worker with the USCIS Regional Service Center that has jurisdiction over the location of your employment. This form should contain all necessary documents and evidence. Labor certification is also required for most EB-2 petitions.

Individuals with exceptional ability in the sciences, arts or business may apply to waive the labor certification requirement if a waiver would be in the national interest.