The EB-2 visa is for those who possess an advanced degree or can demonstrate exceptional ability in the sciences, arts, or business. This visa type requires a job offer from a U.S. company. This means that the petitioner will be the employer, who must file for the labor certification, or PERM, along with the I-140. This is a multi-step process that requires precise timing and should only be done by an experienced immigration attorney. However, the EB-2 can be accompanied by a National Interest Waiver, or NIW, that waives the need for the PERM certification. Filing the NIW eliminates the need for the job offer as well. The NIW allows the EB-2 to be filed by the foreign national him or herself. The NIW is discussed in another article here.
An advanced degree is a Master’s Degree or higher. However, you can have a bachelor’s degree and at least 5 years of progressive work experience in your field.
Exceptional ability is demonstrated by meeting 3 of the following criteria:
- Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
- Letters documenting at least 10 years of full-time experience in your occupation
- A license to practice your profession or certification for your profession or occupation
- Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
- Membership in a professional association(s)
- Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
- Other comparable evidence of eligibility is also acceptable.
Contact us to help you with this visa type. It requires substantial work and perfect timing for each step, including the PERM process and the need to work with multiple government agencies.