EMPLOYMENT 2ND PREFERENCE (EB2)
Subcategory 3 (EB23): National Interest Waiver (NIW), Non-physician
Clarification. National Interest is defined on USCIS discretion on each case individual basis.
REQUIREMENT 2. Your are a person of either Advanced Degree or Exceptional Ability (level 1).
Clarification 1. Advanced Degree is defined as a U.S. advanced degree or a foreign equivalent degree (or a baccalaureate degree plus at least five years of progressive work experience in the field).
Clarification 2. Exceptional Ability (level 1) is defined as a degree of expertise in the sciences, arts (including athletics), or businesss, significantly above that ordinarily encountered in the field.
To prove Exceptional Ability (level 1), you must meet at least three out of seven criteria of Exceptional Ability (level 1), specified by the U.S. immigration law.
Is a job offer in the U.S. required? - No.
Is Labor Certification required? - No.
Is Prevailing Wage Determination required? - No.
Is proficiency in English required? - No.
Is a minimum or maximum age required? - No.
Is an Affidavit of Support required? - No.
Is a proof of funds to start life in the U.S. required? - No.
Can your family members get green cards as derivative beneficiaries? - Yes.
1. Authoritative sources directly relevant to this category (in general-to-specific order):
- U.S. DOS Guidance: Employment-Based Immigrant Visas
- Employment-Based Immigration: Second Preference EB-2: Professionals Holding Advanced Degrees and Persons of Exceptional Ability
- U.S. DOS: 502.4. Employment-based IV Classifications
- 8 CFR 204.5
- AFM 22.2