As a Miami immigration attorney, I often receive questions about the five categories of foreign workers can obtain U.S. immigrant visas (that is, lawful permanent residence or a green card). Within the second “preference” category is a subcategory known as EB-2(B). This visa is meant for foreign nationals of exceptional ability in the sciences, arts, or business. Below are some frequently asked questions about the EB2-(B) visa.
Does a qualified applicant need to have a job offer from a U.S. employer?
Yes. The qualified applicant must either have a job offer from a U.S. employer or qualify for what’s called a national interest waiver (NIV).
What occupations typically qualify for an EB-2(B) visa?
The EB-2(B) visa is meant for foreign nationals of exceptional ability in the sciences, arts, or business. Individuals who qualify for an EB-2(B) visa may include, but are not limited to: economists, lawyers, doctors, veterinarians, physicists, market research analysts, geographers, mental health workers, and marriage and family therapists.
What is the chief benefit of the EB-2(B) subcategory?
The qualified applicant need not have received international acclaim in the field of specialty. Proven sustained national acclaim is sufficient to meet the standard. However, the worker must still be considered significantly more accomplished than the average person in the same profession.
What is the National Interest Waiver?
Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the nation. If you have any questions as to whether you or a loved one qualify for a National Interest Waiver, it would be wise to consult with an migration attorney.
What do I need to demonstrate if I want to qualify for the National Interest Waiver?
You must meet at least three of the criteria below and demonstrate that it is in the national interest that you work permanently in the United States.
1. 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;
2. Letters documenting at least ten years of full-time experience in the occupation being sought;
3. A license to practice the profession or certification for a particular profession or occupation;
4. Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;
5. Membership in professional associations;
6. Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.
If you have any questions as to whether you qualify, it would be wise to consult with a Miami immigration attorney as to your options.
I already have a EB-2 Visa – can my family petition for a Green Card?
Your spouse and children under the age of 21 may be admitted to the United States as derivatives of your immigrant status. During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD).
If you think would like more information on the EB2-(B) visa, please contact Miami immigration attorney Michael G. Murray, Esq. at (305)895-2500 or visit our website at www. mmurraylaw.com