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U.S. Citizenship and Immigration Services updated policy guidance to clarify how it evaluates eligibility for the second preference employment-based (EB-2) classification for immigrant petitions filed with a request for a national interest waiver (NIW).
Key Points:
Additional Information: While an EB-2 petition is typically filed by an employer after obtaining a labor certification from the Department of Labor, USCIS can waive this requirement if it is in the interest of the United States. Petitioners seeking an NIW must first demonstrate that they qualify for the underlying EB-2 classification as either a member of the professions holding an advanced degree or an individual of exceptional ability in the sciences, arts or business.
This alert has been provided by the BAL U.S. Practice Group.
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