EB-2 Eligibility and Filing
The EB-2 classification includes: aliens who are "members of the
professions holding advanced degrees or their equivalent" and aliens
"who because of their exceptional ability in the sciences, arts, or
business will substantially benefit the national economy, cultural, or
educational interests or welfare of the United States."
A petition for a foreign professional holding an advanced degree
may be filed when the job requires an advanced degree (beyond the baccalaureate)
and the alien possesses such a degree or the equivalent. The petition must
include documentation, such as an official academic record showing that the
alien has a U.S. advanced degree or a foreign equivalent degree, or an
official academic record showing that the alien has a U.S. baccalaureate degree
or a foreign equivalent degree and letters from current or former employers
showing that the alien has at least 5 years of progressive post-baccalaureate
experience in the specialty.
Qualified alien physicians who will be practicing medicine in an area of the
United States certified by the Department of Health and Human Services as
underserved may also qualify for this classification. Read more about this
program.
In order to be classified as having exceptional ability in the
sciences, arts, or business, the individual must provide documentation
of three of the following:
- An official academic record showing the alien has a degree, diploma,
certificate or similar award from a college, university, school or other
institution of learning relating to the area of exceptional ability;
- Letters documenting at least ten years of full-time experience in the
occupation being sought;
- A license to practice the profession or certification for a
particular profession or occupation;
Evidence that the alien has commanded a salary or other remuneration for
services which demonstrates exceptional ability;
- Membership in professional associations;
- Recognition for achievements and significant contributions to the industry
or field by peers, government entities, professional or business
organizations.
If the above standards do not apply to the petitioner's occupation, other
comparable evidence of eligibility is also acceptable.
Application Procedures
USCIS Form I-140 Petition for Alien Worker is required. Your employer must
file a USCIS Form I-140 (Petition for Alien Worker) at the USCIS Regional
Service Center that serves the area where you will work.
EB-2 petitions must generally be accompanied by an approved, individual labor
certification from the Department of Labor on Form ETA-750. Please see the
Department of Labor's Employment and Training Administration for more
information.
If you are a worker with exceptional ability in the sciences, arts, or
business, you may apply to waive the requirement that you have a job offer if
such a waiver would be in the national interest. To apply for a national
interest waiver, you must submit Department of Labor Form ETA-750B. Please see
the Department of Labor's Employment and Training Administration for more
information.
To find out more about EB-2 Visa Eligibility and Filing, please contact LL.M. Law Group
at (877) 880-0872
Please refer to the
LL.M. Law Group's
immigration
consultation procedures to begin.
The LL.M.
Law Group will work with you to arrive at an arrangement that is
fair to all concerned.
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