EB-2 with National Interest Waiver

Employment-based, second-preference petitions must usually be accompanied by an approved Application for Permanent Employment Certification from the Department of Labor on ETA Form 9089, however, you may request a waiver of this requirement through a National Interest Waiver petition.

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. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker. In addition to providing evidence of an advanced degree or exceptional ability, you must also meet the 3 National Interest Waiver criteria in order to demonstrate that it is in the national interest that USCIS waive the requirement of a job offer, and thus the labor certification:

  • The proposed endeavor has both substantial merit and national importance.
  • You are well positioned to advance the proposed endeavor.
  • It would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.

Individuals working in the fields of science, education, research, health care, economics, finances may qualify. Alternatively, if you started a business that has a proven record of success in providing employment as well as providing a benefit to the country, you may also qualify. For more guidance on how you may qualify through your business, see Business/Investment-Based.

No job offers and only few publications? No Problem: We have obtained approvals for many cases for medical consultants where they are located outside of the US and therefore unable to obtain a job offer. These consultants sometimes also only have a few publications. There is a misunderstanding that to qualify for the National Interest Waiver of the job offer requirement and to self-petition, you must have at least a certain number of publications. That is not true. It depends on your other accomplishments. Even with just a few publications, you can get a green card if you have a plan and show that you are the best person to carry forward that plan.