EB2 EXCEPTIONAL ABILITY/NATIONAL INTEREST WAIVER

This visa category allows foreign nationals who are exceptional in their field to apply for a green card to live in the U.S. permanently.  To qualify for this category the foreign national must have a job offer from a U.S. employer; must complete a labor certification application; and must have at least three of the following:

• Degree relating to area of exceptional ability;
• Letter from current or former employer showing at least ten years of experience;
• License to practice profession;
• Person has commanded a salary or remuneration demonstrating exceptional ability;
• Membership in professional association;
• Recognition for achievements and significant contributions to the industry or field of peers, governmental entities, or professional or business organization.

This visa category also allows foreign nationals to file for an exemption from the labor certification application in the national interest.  The national interest exemption requires foreign nationals to perform a job which is in the national interest/benefit in the nation.  General criteria for this category are (1) the person seeks employment in an area of substantial intrinsic merit; (2) the benefit will be national in scope; and (3) the national interest would be adversly affected if a labor certification were required.  Exceptional ability by itself does not qualify one for a national interest waiver.