I-140 EB2 Exceptional Ability and the National Interest Waiver

I-140 & the EB2 Exceptional Ability, National Interest Waiver Petition | Requirements

The EB2 Exceptional Ability is the second preference in the employment-based immigration preference category. Normally, a permanent job offer and approved labor certification are pre-requisite to file an EB2. However, the NIW petition requests that the U.S. job offer requirement and labor certification be waived for the sake of the “national interest of the United States”. Since no labor certification or permanent job offer is required, the NIW is ideal for scholars, researchers, post-doctoral research fellows, Ph.D. students and other advanced degree professionals.

We proudly advertise a 100% green card approval for I-140 EB2 Exceptional Ability, National Interest Waiver Petitions

We owe this success to our careful case selection and years of experience navigating the green card process for international scholars.

In order to qualify for an EB2 Exceptional Ability, National Interest Waiver petition, federal law indicates the petitioner must satisfy the following requirements:

1. Have Advanced Degree or prove Exceptional Ability

Petitioner must show they have an "advanced degree" or meet the requirements for "exceptional ability"

2. Substantial Intrinsic Merit

Petitioner seeks employment in an area of substantial intrinsic merit to the United States

3. U.S. National Goals

Petitioner's proposed activity will benefit United States' national goals

4. National Interest Waiver

The requirement of a Labor Certification for the petitioner will adversely affect the national interest

If a petitioner does not meet the first requirement of an advanced degree, they must meet AT LEAST THREE of the following EB2 Exceptional Ability criteria. Additionally, these criteria establish how a petitioner meets the National Interest Waiver requirments:


Official academic record showing that you have a degree/diploma/certificate/similar award from a college


Letters documenting at least 10 years of full-time experience in your occupation


A license to practice your profession/certification for your profession/occupation


Evidence that you command a salary or other remuneration for services that demonstrates your exceptional ability


Membership in professional associations (At least 2)


Recognition for your achievements and significant contributions to your industry or field by peers/government entities/ professional or business organizations


Other comparable evidence of eligibility is also acceptable

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The I-140 EB2 Exceptional Ability & National Interest Waiver application process requires two filings:

1) Form I-140, Immigrant Petition for Alien Worker (Required immigration filing fee, $700)

2) A physically filed petition and evidence that explains how the applicant meets the EB2 Exceptional Ability criterion standards and how their work applies to United States national interests.

The meanings of these criteria can be ambiguous and winning an EB2 requires extensive documentation and excellent petition skills of the attorney.

USCIS I-140 Filing Fee: $700

Certain foreign national applicants are allowed to concurrently apply for the I-765, Employment Authorization Document and the I-131 Travel Document while they wait for a decision on their I-140 application.

Once the I-140 is approved, certain Applicants are eligible to immediately apply for the I-485 Adjustment of Status so they may adjust into Legal Permanent Residency (Green Card).

Immigration processing times for Legal Permanent Residency is influenced greatly by Priority Dates. Your priority date is used to determine your place in the visa line. When your priority date becomes current, you will be eligible to apply for an immigrant visa. You can search your priority date using the Visa Bulletin.

For this reason, many Applicants consider the first preference category, EB1-A Extraordinary Ability Petition since all priority dates for this category are current.

The Immigration Law Offices of Hadley Bajramovic strongly recommend that you seek assistance due to the complexity and high standards involved with an I-140 EB2 Exceptional Ability & National Interest Waiver petition. Contact our office at (951) 588 9838.

  • Now I can easily imagine how difficult & risky the I-140 NIW process could be by yourself! I am grateful for the quality of the work you did for me, especially considering the short timeline. You helped me get a life changing opportunity. To me, you made the difference between going back to Europe and regressing my expectations- and now staying in the US and progressing to my worthy ideal. With no possible doubt, the office deserves its reputation & success.

    Dr. Le Dantec Post doctoral researcher at the University of California, Riverside

Approval Record

Our office not only carries the invaluable knowledge from attorney Hadley Bajramovic’s three years of experience as the Director of International Scholars at the University of California Riverside, but also the unmatched passion for all academic topics. We strive to present the importance and depth of scientific work that is being accomplished by the community of scientists, postdocs, Ph.D. students and scholars that have immigrated to the United States.

"Almost every academic and researcher who comes to our office reports that they were previously told they do not have a green card case. These are Postdoc researchers, research associates, P.I.s, and others with numerous achievements and years of experience. It just takes a trained eye and a look through their c.v. to know they can win a green card."
- Eleanor Kalnin, Academic Green Card Coordinator

We invite you to submit your resume to our office for a one time free evaluation to see if you qualify for the I-140 process. Fill out an email request on the Contact Us page or send it directly to Hadley@immigrationhadley.com.

We have a proven track record working with a range of institutions:

  • University of California, Riverside
  • University of California, Santa Barbara
  • University of California, San Diego
  • University of California, Berkeley
  • Yale University
  • Emory University
  • Duke University
  • Georgia Tech
  • Centre National de la Recherche Scientifique
  • NASA Postdoctoral Program
  • American Heart Association
  • Florida State University
  • Stanford University
  • Kennesaw State University
  • Texas A&M University
  • BEACON Center for the Study of Evolution in Action, Evolutionary Metagenomics

We have won approvals for clients specializing in a wide range of fields:

  • Biology
  • Biochemistry
  • Astronomy
  • Electrical Engineering
  • Mechanical Engineering
  • Entomology
  • Computer Engineering
  • Psychology & Neuroscience
  • Marketing
  • Software Development
  • Mycology
  • Physics
  • Material Science
  • Organic Chemistry