Employment Based Second Preference: EB-2 Visa

Introduction

The EB-2 immigrant visa category for professionals with advanced degrees and individuals with exceptional ability in the sciences, arts, or business generally requires a job offer and a labor certification issued by the Department of Labor (DOL). The labor certification process exists to protect U.S. workers and the U.S. labor market by ensuring that foreign workers seeking immigrant visa classifications are not displacing qualified U.S. workers.

Even if you are not self-employed, it may still be challenging for you to obtain a labor certification if you have a significant ownership interest in the company, if there is a familial relationship between you and the stockholders, corporate officers, incorporators, or partners, or if you are one of a small number of employees. If any of these factors apply, your employer must be able to demonstrate that a bona fide job opportunity exists such that the position is open and available to U.S. workers.

An entrepreneur seeking EB-2 classification and exemption from the job offer and labor certification requirements based on the national interest may self-petition. As the majority of entrepreneurs filing under the EB-2 visa category also request a NIW, the following EB-2 visa sections are presented in conjunction with the requirements for a NIW. If you are requesting a NIW, you must first demonstrate that you are either a member of the professions holding an advanced degree or an individual of exceptional ability.

 

EB-2: Advanced Degree Professional

Requirement 1 – You must show that you have an advanced degree.

  • Some of the evidence you may submit to demonstrate that you have an advanced degree includes:
    • Copies of official transcripts
    • Certified copies of the actual degree, diploma, certificate or similar award
    • Any other official documentation from the school’s Office of the Registrar
    • An evaluation from an educational evaluation agency, if you obtained your degree outside the United States
    • If you only have a Bachelor’s degree, letters from your current and/or prior employers showing at least 5 years of progressively responsible experience in your field after you received the degree

Requirement 2 – Your advanced degree must relate to the field in which you will be working.

  • Some of the evidence you may submit to demonstrate that your advanced degree relates to your field includes:
    • A letter from you or your prospective employer describing your current or proposed job
    • Documents describing your company and its work
    • A copy of your company’s annual report, if one is issued

 

Eb-2: Exceptional Ability

Requirement 1 – You must show that you have exceptional ability in the sciences arts, or business.

To qualify for the EB-2 exceptional ability classification, you must show that you have exceptional ability in the sciences, arts, or business. The initial evidence must include at least 3 of the 6 types of evidence listed below. If you meet the minimum threshold requirements, USCIS will then evaluate all the evidence you submitted in its totality to determine whether you have a degree of expertise significantly above that normally encountered in the sciences, arts, or business. You must answer yes and submit evidence for at least 3 of the 6 questions below:

  • Have you received a degree, diploma, certificate or similar award from a college, university, school or other institution, relating to the field of exceptional ability?
  • Do you have at least ten years of full-time experience in your field?
  • If required, do you have a license or certification to practice in your profession or occupation?
  • Have you or will you command a high salary or other remuneration for your services, which demonstrates your exceptional ability?
  • Are you a member of professional associations?
  • Have you been recognized for achievements and significant contributions to your industry or field?

Requirement 2 – You must show that you will substantially benefit prospectively the U.S. economy, U.S. cultural interests, U.S. educational interests, or U.S. welfare.

For a 10 minute free consultation, please call Law Office of Jack Park at 1-734-677-4200

 

 

 

 

 

Source: USCIS

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