US Lists 2 Categories of Foreigners Who Can Get EB-2 Visa Without a Job Offer

US Lists 2 Categories of Foreigners Who Can Get EB-2 Visa Without a Job Offer

  • The United States outlined two categories of foreign nationals who may qualify for the EB-2 immigrant visa without securing a job offer from a US employer
  • The EB-2 visa targets professionals with advanced degrees and individuals with exceptional ability in the sciences, arts, or business
  • Eligible applicants can request a National Interest Waiver, which removes the standard requirement for a job offer and labour certification

The United States government has named two groups of foreign nationals who could qualify for an EB-2 immigrant visa without first securing a job offer from an American employer.

The Employment-Based Second Preference (EB-2) visa is designed for professionals holding advanced degrees, as well as individuals who have demonstrated exceptional ability in the sciences, arts, or business.

US clarifies who can apply for an EB-2 visa
US outlines requirements for getting an EB-2 visa without. Images for illustration purposes only. Photo Source: Getty Images/Chip Somodevilla/stellalevi
Source: Getty Images

US EB-2 Visa

Under normal circumstances, applicants must have both a job offer and an approved labour certification from the Department of Labour. A US employer is also required to file an immigrant petition, known as Form I-140, on the applicant's behalf.

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National interest waiver removes the job offer requirement

There is, however, a pathway that bypasses these standard requirements. Qualified applicants can request a National Interest Waiver (NIW), an exemption that removes the need for a job offer or labour certification, provided the applicant can demonstrate that granting the waiver would serve the broader national interest of the United States.

Those who qualify under this route are also permitted to file Form I-140 on their own behalf, without relying on an employer to do so.

Two categories of foreigners who may qualify

The US government has outlined the following two groups as potentially eligible for this exemption:

1. Professionals with advanced degrees: This covers individuals who hold a degree above the bachelor's level. Those with only a bachelor's degree may still qualify if they can show at least five years of progressive work experience within their professional field.

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2. People with exceptional ability: This category applies to foreign nationals who possess a notably high level of skill or knowledge in the sciences, arts, or business. The standard required goes well beyond what is ordinarily expected in the applicant's chosen field.

Together, these two pathways offer an alternative route into the United States for highly skilled individuals who may not have a sponsoring employer but whose work could be argued to benefit the country.

US lists countries eligible for ESTA

Meanwhile, Legit.ng recently reported that the United States had released a list of countries whose citizens are eligible to travel to America using the Electronic System for Travel Authorization (ESTA), without applying for a traditional visa.

The list includes countries from Europe, Asia, the Middle East, and the Pacific region, but excludes all African countries.

Source: Legit.ng

Authors:
Muhammed Hammed Olayinka avatar

Muhammed Hammed Olayinka (Human Interest Editor) Muhammed has worked with Oracle UNILORIN, Opera News Hub, Scopper News, Gistreel, and now LEGIT.ng. He won the NAPSS President Writing Skirmish (2017) and was first runner-up in the UNILORIN Senate Writing Contest (2018). He can be reached via email at muhammed.hammedolayinka@corp.legit.ng