Generally speaking, an EB-2 petition must
be accompanied by an approved labor certification. For explanation and
discussion about labor certification, please visit that section of immiweb.com.
However, exceptions for the requirement are available in the following
A. Physical Therapists and Nurses, Aliens of Exception al
Ability in Science or Arts
There is no labor certification requirement for EB-2 physical therapists
and nurses if these positions require advanced degrees. Neither is labor
certification a necessity for an alien in the fields of science or arts
if they meet “Exceptional Ability” Test.
B. National Interest Waiver
Exemption to labor certification is also available for EB-2 petitioners
if they can show that admission of the alien is in the national interest.
The petition must prove that the alien has an advanced degree or exceptional
ability, works in a field that is of national interest, and has the
ability to impact the national interest in that field.
It should be noted that under the national interest waiver, the position
need not require an advanced degree, the only requirement is that the
alien must possess an advanced degree. In addition, the alien can self
petition without an employer. For detail explanation and discussion
regarding national interest waiver, please visit that section of immiweb.com.