Employment-Based Immigration: Second Preference EB-2
You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability. Below are the occupational categories and requirements:
|Advanced Degree||The job you apply for must require an advanced degree and you must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field).||Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.|
|Exceptional Ability||You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.||You must meet at least three of the criteria below.*|
|National Interest Waiver||Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the nation. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.||You must meet at least three of the criteria below* and demonstrate that it is in the national interest that you work permanently in the United States.|
- 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.
Note: Employment-based, second-preference petitions must generally be accompanied by an approved individual labor certification from the Department of Labor on Form ETA-750 or ETA 9089. Preparing and filing a Labor Certification Application with the Deparment of Labor is an extremely complex process. You should retain a competent attorney to help you navigate this application process. Please feel free to contact the Hassonjee Law Firm.
To qualify for an EB-2 visa, your employer must file a Form I-140, Petition for Alien Worker. For individuals from most countries you may also be able to concurrently file for your Adjustment of Status. During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD).
It is an extremely complex process. You should retain a competent attorney to help you navigate this application process. Please feel free to contact the Hassonjee Law Firm.
Family of EB-2 Visa Holders
Your spouse and children under the age of 18 may also qualify for permanent resident along with your application. For individuals from most countries you may also be able to concurrently file for your Adjustment of Status. It is an extremely complex process. You should retain a competent attorney to help you navigate this application process. Please feel free to contact the Hassonjee Law Firm.