The EB-2 Visa is a popular visa for those seeking to gain employment and residency in the United States. There are 3 categories within the EB-2 Visa category. The EB-2A (Advanced Degree), EB-2B (Individuals with Exceptional Abilities) and EB-2C (National Interest Waiver).
This visa is often referred to the skilled-worker green card. To be eligible for an EB-2 visa, it is required to be a member of a profession holding an advanced degree or its equivalent. An example of an advanced degree is the United States equivalent of a master’s degree or in some instances a bachelor’s degree with 5 years of progressive experience. The EB-2 visa allows foreign nationals to live, work and take up as lawful permanent residence in the United States.
As outlined by the United States Citizenship and Immigration Services (USCIS) The job you apply for must require an advanced degree and you must possess such a degree or its foreign equivalent (a baccalaureate or foreign equivalent degree plus 5 years of post-baccalaureate, progressive work experience in the field). You must meet any other requirements specified on the labor certification as applicable as of the priority date. This category is often used by professionals such as doctors, lawyers, accountants, architects and engineers.
The EB-2B Visa also applies to those with exceptional skills in their respective fields. The USCIS states 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 any requirements specified on the labor certification as applicable.
To demonstrate this at least 3 of the following must be demonstrated:
The EB-2B category is often utilized by scientists, researchers, doctors and artists who have made exceptional strides in their respective fields. It is important to note that those who wish to apply under the EB-2B (Individuals with Exceptional Abilities) it will be important to provide evidence of eligibility. This should provide at least 10 years of relevant employment history.
If an applicant believes that the USCIS should waive the labor certification (job offer requirement) because it is in the interest of the United States, the applicant is eligible to file a petition on their own behalf. The application will be reviewed by the USCIS. This can by done by anyone who classifies themselves as a member of a profession who has an advanced degree or an exceptional ability.
The EB-2 categories present many opportunities for those with the requisite qualifications to work. live and settle in the United States. There are many variables to consider which route is best for you. If you would like more information on any of the EB categories, or any other general United States immigration advice you may contact us for a free consultation.
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