Individuals with Exceptional Ability or with an Advanced Degree in the Sciences, Arts, or Business (Labor Certification -- PERM)

Employment-Based Immigration: Second Preference EB-2

Description

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

Description:

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).

Evidence:

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

Description:

You must be able to show exceptional ability in the sciences, arts, business or athletes. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”

Evidence:

You must meet at least three of the criteria below.*

Note: Employment-based, second-preference petitions must generally be accompanied by an approved individual labor certification from the Department of Labor. In order to obtain an application for alien labor certification, the employer must recruit US workers for at least 2 months an certify to DOL that no US workers are available.

National Interest Waiver

Description:

You may be able to avoid the labor certification process all together if 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 national interest. 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 without XXXX US workers along with their Form I-140, Petition for Alien Worker.

Evidence:

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.

Criteria

(1) 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
(2) Letters documenting at least 10 years of fulltime experience in your occupation
(3) A license to practice your profession or certification for your profession or occupation
(4) Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
(5) Membership in a professional association(s)
(6) Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
(7) Other comparable evidence of eligibility is also acceptable.

To qualify for an EB-2 visa, your employer must file a Form I-140, Petition for Alien Worker.

Family of EB-2 Visa Holders

Your spouse and children under the age of 18 may be admitted to the United States in E-21 and E-22 immigrant status, respectively. 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).

Please Provide Our Office With the Following Documents:

(1) Copies of potential employer’s corporate tax returns;
(2) Copies of diplomas;
(3)Copies of I-120, approval notices;
(4)Copy of I-94 card (front/back) and passport;
(5) Detailed description of your professional work, achievements, and contributions to the field (not more than 1,200 words) (this description should be reasonably technical, but understandable to a lay person, and very ambitious);
(6)Detailed resume (curriculum vitae) (the resume should be detailed as well; strive to cover all of your professional engagements and accomplishments and provide dates);
(7) Job offer letter.

Please also provide us with the following information about your spouse and children, if any:

(1) Date and place of birth;
(2) Date of marriage(s);
(3) Nationality;
(4) US immigration status.