The EB-2 visa is available to professionals with advanced degrees or equivalent or exceptional ability in the sciences, arts or business.
Applies to a job that requires an advanced degree (beyond the baccalaureate) and a foreign professional possesses such degree or 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 alternatively 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 post-baccalaureate experience.
Exceptional ability in the sciences, arts or business must "substantially benefit the national economy, cultural, or educational interests or welfare of the United States." The applicant must provide three of the following or comparable evidence of eligibility:
1. Official academic record of the degree, diploma, certificate or similar award from a college, university, school or other institution of learning in the area of exceptional ability;
2. Letters documenting at least ten years of full-time experience in the occupation being sought;
3. A license to practice the profession or certification for a particular profession or occupation;
4. Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;
5. Membership in professional associations;
6. Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.
The U.S. employer must file a Form I-140 Petition for Alien Worker with a USCIS Service Center that serves the area where the alien will work. Generally an approved, individual labor certification from the Department of Labor on Form ETA-750 is also required. A job offer is usually required but a worker with exceptional ability in the sciences, arts, or business, may apply to waive a job offer in the national interest on a Department of Labor Form ETA-750B.
Messing Law Offices provides expert labor attorney advice to determine if an applicant meets the requirements for an EB-1, EB-2 or other immigration employment visa based upon experience as professional immigration lawyers. Contact Messing Law Offices(520) 512-5432.