The Employment Based Second Preference Category is for members of the professions who hold advanced degrees and individuals of exceptional ability in the arts, sciences or business. Although this category generally requires an employer and labor certification, the Attorney General may waive this requirement if the work of the alien is in the "national interest."

To qualify for a national interest waiver the individual’s work must benefit the U.S. in the national interest. Since the term national interest has not been defined in the statute, certain factors are taken into account in determining national interest. These factors include improvement of: the U.S. economy; wages and working conditions for U.S. workers; education, health care, the environment and housing. An interested government agency request is an added factor which is given considerable weight by the INS.

Please note that approvals in this category have become more difficult to obtain since August of 1998, due to a case known as the "New York State Department of Transportation" (NYSDOT) case. INS is scrutinizing these petitions more carefully and in many instances is applying a higher standard similar to the "extraordinary ability" standard. Our Office files applications in these categories on a regular basis and we have been extremely successful in this category even subsequent to the NYSDOT case. Like most immigrants to the U.S., these highly skilled immigrants in this category contribute richly to the diversity and strength of the U.S. and not only help themselves by being here but help to make the U.S. a better and stronger country.

What We Can Do For You : Alan Heckler can consult with you to determine which special green card categories might be the most suitable, considering your background and goals, employment prospects, and other factors. We can advise you as to the documentation requirements and legal issues and will make suggestions to improve your recommendation letters. We then prepare the paperwork, including a very detailed summary and analysis based upon the facts and the law, and submit it to INS. We can assist with the entire green card process, up through and including adjustment of status or consular interview for both you and your family members.