Employment-Based Second Preference (EB-2) - National Interest Waiver Checklist

Applicants must possess an advanced degree (beyond a baccalaureate degree) or a baccalaureate degree followed by at least five years of progressive work experience in the specialty.

Applies when claiming EB-2 eligibility through the advanced-degree branch; the exceptional-ability branch is a separate statutory alternative.

204.5(k)(1)-(3)

The FMP must actually possess: (A) an advanced degree; or (B) its equivalent (Baccalaureate Degree + Five (5) Years Progressive Work Experience).

NIW requests a waiver of the job-offer and labor-certification requirements. These are not mandatory documents for an approved NIW; EB-2 base eligibility and evidence justifying the national-interest waiver remain required.

Dhanasar pp 885-886;1153(b)(2)(B)(i)

The EB-2 immigration categories above require the Foreign Medical Professional to have a job offer and a Labor Certification issued by the Department of Labor (DOL).

Applies to adjustment of status inside the United States, not consular processing abroad. Generally prove inspection and admission or parole; any statutory exception and other adjustment bars need individual assessment.

Applies to adjustment of status inside the United States, not consular processing abroad. Generally prove inspection and admission or parole; any statutory exception and other adjustment bars need individual assessment.

245.1(a),(b)

You were inspected and admitted or inspected and paroled into the United States;

Visa availability depends on EB-2 category, chargeability and priority date under the applicable monthly Visa Bulletin. For I-485 filing use the chart USCIS authorizes that month; final approval requires a visa number to be available. Filing eligibility is not final visa availability.

A.StatutoryNumbers;MonthlyChartChoice;EmploymentFinalAction

An immigrant visa is immediately available to you at the time you file your Form I-485 and at the time USCIS makes a final decision on your application.

NIW requests a waiver of the job-offer and labor-certification requirements. These are not mandatory documents for an approved NIW; EB-2 base eligibility and evidence justifying the national-interest waiver remain required.

Dhanasar pp 885-886;1153(b)(2)(B)(i)

The EB-2 immigration categories above require the Foreign Medical Professional to have a job offer and a Labor Certification issued by the Department of Labor (DOL).

If using the EB-2 exceptional-ability branch, document expertise significantly above the ordinary in science, arts or business using at least 3 of 6 regulatory evidence categories, or comparable evidence where permitted. A degree or license alone does not establish exceptional ability.

If using the EB-2 exceptional-ability branch, document expertise significantly above the ordinary in science, arts or business using at least 3 of 6 regulatory evidence categories, or comparable evidence where permitted. A degree or license alone does not establish exceptional ability.

204.5(k)(2),(3)(ii)-(iii);1153(b)(2)(C)

NIW requires evidence that the proposed endeavor has substantial merit and national importance, that the applicant is well positioned to advance it, and that on balance waiving the job offer and labor certification benefits the United States. The waiver is discretionary; qualifying for EB-2 alone is insufficient.

MatterofDhanasar 26I&NDec 884,889-891