Immigration News Update
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EB2 IMMIGRANT VISA FOR
PROFESSIONALS WITH ADVANCED DEGREE OR PERSONS OF EXCEPTIONAL ABILITY
To consult an immigration attorney regarding the EB2 Visa for Advanced
Degree or Exceptional Ability category, please call us at (626) 642-8066
or e-mail us at firstname.lastname@example.org.
An attorney in our firm would be happy to assist you.
The EB2 classification includes: aliens who are "members of the professions
holding advanced degrees or their equivalent" and aliens "who because
of their exceptional ability in the sciences, arts, or business will
substantially benefit the national economy, cultural, or educational
interests or welfare of the United States."
A petition for a foreign professional holding an advanced degree may
be filed when the job requires an advanced degree (beyond the baccalaureate)
and the alien possesses such a degree or the equivalent. The petition
must include documentation, such as an official academic record showing
that the alien has a U.S. advanced degree or a foreign equivalent degree,
or an official academic record showing that the alien has a US baccalaureate
degree or a foreign equivalent degree and letters from current or former
employers showing that the alien has at least 5 years of progressive
post-baccalaureate experience in the specialty.
Qualified alien physicians who will be practicing medicine in an area
of the United States certified by the Department of Health and Human
Services as underserved may also qualify for this classification.
In order to be classified as having exceptional ability in the sciences,
arts, or business, the individual must provide documentation of three
of the following:
1. An official academic record showing the alien has a degree, diploma,
certificate or similar award from a college, university, school or other
institution of learning relating to the area of exceptional ability;
2. Letters documenting at least ten years of full-time experience in
the occupation being sought;
3. A license to practice the profession or certification for a particular
profession or occupation;
4. Evidence that the alien has commanded a salary or other remuneration
for services which demonstrates exceptional ability;
5. Membership in professional associations;
6. Recognition for achievements and significant contributions to the
industry or field by peers, government entities, professional or business
If the above standards do not apply to the petitioner's occupation,
other comparable evidence of eligibility is also acceptable.
USCIS Form I-140 Petition for Alien Worker is required. Your employer
must file a USCIS Form I-140 (Petition for Alien Worker) at the USCIS
Service Center that serves the area where you will work.
EB2 petitions must generally be accompanied by an approved, individual
labor certification from
the US Department of Labor (DOL) on Form ETA-9089.
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