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.