Background
The EB-2 visa is designed for individuals who possess exceptional ability in the sciences, arts, or business, or who hold an advanced degree (master’s degree or higher) and can contribute significantly to the U.S. economy, cultural enrichment, or educational landscape.
To qualify for an EB-2 visa, applicants must demonstrate exceptional ability or have a job offer from a U.S. employer that requires an advanced degree or its equivalent. Additionally, a labor certification from the U.S. Department of Labor is usually required to ensure that there are no qualified U.S. workers available for the position being offered.
VisaNation Case Strategy
We had a client seeking an EB-2 in construction work, filing under a National Interest Waiver. Our client was from Africa, and we essentially had to prove a case that his employment would not adversely affect similarly employed U.S. workers. Typically, these individuals hold an advanced degree or have an exceptional ability in the national interest. Our client had a professional degree, as he had obtained his Master of Science degree in International Management with a specialization in oil and gas. He possessed an exceptional ability in the fields of electrical/mechanical infrastructure development, where he has worked on some of the world’s most complex infrastructure challenges in regard to protecting the environment and improving the quality of life.
USCIS may grant an NIW (National Interest Waiver) if the petitioner demonstrates:
- The foreign national’s proposal has both substantial merit and national importance
- That they are well-positioned to advance the proposed endeavor
- By waiving the job offer and labor certification requirements, it would be beneficial to the U.S.
Our client has a history of working within infrastructure in African nations that were significant to the economy, industry and society. He was an Infrastructure Development Advisor, who possessed rare skills and had an impressive background that would serve the national interest of the U.S. In Africa, there is a rapidly growing market, where the U.S. has made multiple investments in Africa that support American companies’ investments in the continent. With the U.S.’s continued investments in Africa’s infrastructure, the U.S. will continue to leverage the investments that aid the security and development of America. In this case, our client is the essential bridge between U.S. companies that are involved in crucial infrastructure development in Ghana and other African nations.
Verdict
Our client was approved for his EB-2 visa, and our firm was then able to get him and his entire family of four green cards!
