29 South Webster Street, Suite 370 Naperville,
IL 60540

Our Naperville immigration and nationality law attorney at Kasturi Law, LLC has guided individuals and families through their immigration journeys for over 25 years. As a first-generation immigrant, our law firm founder’s passion is giving a voice to those who most need it.

That includes those seeking EB-2 visas. The EB-2 visa is for individuals with advanced degrees or exceptional ability in their field. The EB-2 visa process requires a job offer and labor certification unless applying for a National Interest Waiver (NIW).

If your employment would be in the national interest of the United States, you may apply for an NIW as part of your EB-2 petition. This could lead to an EB-2 NIW visa, which would grant you the status of a lawful permanent resident of the United States.

EB-2 NIW Visa

Here, our skilled Illinois immigration lawyer outlines the eligibility criteria for this specific work visa.

Who is Eligible to Apply for an EB-2 NIW Visa?

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 someone with exceptional ability.

Below are the occupational categories and requirements:

  • Advanced Degree

To be eligible for an EB-2 NIW visa, the job you apply for must require an advanced degree. You must possess such a degree or its foreign equivalent, which could be a baccalaureate or foreign equivalent degree plus five years of post-baccalaureate, progressive work experience in the field.

To apply for an EB-2 NIW visa, you must submit supporting documentation, including an official academic record and letters from current or former employers showing that you have the required work experience in the specialty.

  • Exceptional Ability

You must show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”

You must meet any requirements specified on the labor certification as applicable and meet at least three of the following criteria:

  • An official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning related to your area of exceptional ability.
  • Letters from current or former employers documenting at least ten years of full-time experience in your occupation.
  • A license to practice or certification for your profession or occupation.
  • Evidence that you have commanded a salary or other service remuneration demonstrating 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, and professional or business organizations.

U.S. Citizenship and Immigration Services (USCIS) will consider comparable evidence of eligibility if the applicant cannot provide the listed type of evidence.

Contact Our Immigration Attorney Today For Consultation

If you face challenges during the EB-2 NIW Visa application process, contact us today to learn how our Illinois immigration attorney can assist you. We provide in-office, phone, and Zoom consultations to help you understand your legal rights and options so you can make informed decisions about your immigration journey.