EB-2 Advanced degree professionals, exceptional ability, national interest

For advanced degree professionals, the U.S. position must require a master’s or higher degree, and the foreign national must have either the required degree or a baccalaureate degree plus five years of progressive experience. Labor certification is required unless the immigration service agrees to a national interest waiver based on evidence that the foreign national provides a benefit to the U.S. that outweighs the national interest in offering the job to U.S. workers through a labor certification procedure. Labor certification requires a job offer from an employer, but a foreign national may self-petition under the national interest waiver provision. For physicians, a national interest waiver is based on working for five years (previously three years) in a Health Professional Shortage Area, Medically Underserved Area, Veterans Administration facility, or Mental Health Professional Shortage Area. The physician must work in primary care, in most cases.

Marie H. Lowe, Attorney at Law
Trinity Place Building, 1801 Broadway, Suite 1100
Denver, CO 80202
Phone: 303-731-6250
Toll Free: 888-370-8692
Fax: 303-297-3015
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