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EB-2 Visa

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    The EB-2 is an employment-based second preference visa category in the U.S. for immigrants who have exceptional ability in the fields of the sciences, arts, or business; or who have an advanced degree or the foreign equivalent. An EB-2 petition may be done with or without employer sponsorship.

    EB-2 with Employer Sponsorship

    EB-2 petitions with employer sponsorship need to be accompanied by a certified Application for Permanent Employment Certification (PERM) from the Department of Labor  and the sponsoring employer must be able to demonstrate that the beneficiary is qualified for the position, meets any additional requirements specified on the labor certification and that the employer has the ability to pay the offered wage from the priority date forward. 

    Advanced Degree

    To qualify for an EB-2 visa based on having an advanced degree, the applicant needs to possess a degree a U.S academic or professional degree or the foreign equivalent above that of  baccalaureate. A U.S. baccalaureate degree or a foreign equivalent degree followed by at least 5 years of progressive post-baccalaureate experience in the field is the equivalent of a master’s degree.

    Exceptional Ability

    A person may qualify for an EB-2 visa based on exceptional ability, if:

    1. He or she has a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business;
    2. He or she will substantially benefit the national economy, cultural or educational interests, or welfare of the United States in the future; and
    3. His or her services in one of those fields are sought by an employer in the United States.

    Exceptional Ability Criteria

    Exceptional ability in the field may be proven with three of the following criteria:

    1. Academic Record: Receipt of a degree, diploma, certificate, or similar award from an academic institution of learning relating to the field;
    2. 10 Years of full-time Work Experience: Letter(s) from employer(s) showing at least 10 years of full-time experience in the occupation sought;
    3. License/Certification: A license to practice the profession or certification for a particular profession or occupation;
    4. High Salary: Has commanded a salary or other remuneration for services that demonstrates exceptional ability;
    6. Membership in professional associations; or
    7. Recognition: For achievements and significant contributions to the industry or field.

    EB-2 NIW

    An EB-2 petition done without employer sponsorship requires a National Interest Waiver (NIW) request of the job offer and therefore, of the PERM Certification. A person may obtain a NIW if USCIS deems it to be in the national interest. A NIW request is proven with the following:
     

    1. The proposed endeavor has both substantial merit and national importance;

    2. The applicant is well-positioned to advance the proposed endeavor; and

    3. On balance, it would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.

    There may be additional or special provisions beyond the information listed above.

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