Don't forget this important DOL form with your EB-2 petition

November 23, 2019 Joe Hoggatt

What is Form ETA-750B?

Immigrant visas must first undergo a Department of Labor (DOL) certification process. Oftentimes this is lengthy and involves DOL determinations, recruitment, and finally certifications before a visa petition can be filed with USCIS. Form ETA-750B is a DOL form filed to USCIS that allows the labor certification to be processed with the visa petition.

When filing an EB-2 with National Interest Waiver (NIW) visa petition, the USCIS website references it and links to the Department of Labor’s website, but the actual instructions are buried in 8 CFR 204.5(k)(4)(I):

(ii) Exemption from job offer. The director may exempt the requirement of a job offer, and thus of a labor certification, for aliens of exceptional ability in the sciences, arts, or business if exemption would be in the national interest. To apply for the exemption, the petitioner must submit Form ETA-750B, Statement of Qualifications of Alien, in duplicate, as well as evidence to support the claim that such exemption would be in the national interest.

ETA-750B is a vital form that must be submitted, in duplicate, with any EB-2 with NIW petition.

Where do I get it?

DOL’s website provides a link to the PDF of ETA-750A and ETA-750B, but explains the form in the context of H-2B visas. USCIS and DOL do not provide helpful information about the 8 CFR 204.5(k)(4)(I) requirement that ETA-750B be submitted in duplicate with EB-2 with NIW petitions. In fact, the downloaded form on DOL’s website is not even fillable.

Don’t file your petition without it

You can download a fillable PDF of Form ETA-750B here. It is important to familiarize yourself with DOL’s instructions and the corresponding federal law when filling out each line of this form.