The EB-2 employment visa is an immigrant visa which allows foreign nationals holding an advanced degree to obtain residency in the U.S. You must be a foreign national who is a member of the professions holding advanced degrees or their equivalent or because of your exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the U.S.
(A) Foreign Professional holding an Advanced Degree
This category is for foreign national professionals holding an ‘advanced degree’ (master’s degree or higher), or the equivalent and with a job offer from a U.S. company. 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. 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.
(B) Exceptional Ability in the Sciences, Arts, or Business
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.
USCIS Form I-140 Petition for Alien Worker is required. Your employer must file the Form I-140 (Petition for Alien Worker) at the USCIS Regional Service Center that serves the area where you will work.
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 a Department of Labor Form ETA-750B.
To discuss EB-2 petitions and other alternatives with an experienced immigration lawyer from Huang Law LLC, call our Wilmington office at (302) 478-2900, or our Philadelphia Office at (267) 908-5060.
