The EB-2 classification is for people with an exceptional ability in the sciences, arts or business, or for professionals with some other relevant advanced degree.
Employers typically petition for EB-2 visas on behalf of a worker who already has a job or job offer in place.The U.S. is always welcoming of international people of great talent, and Smith, Gambrell & Russell’s Global Immigration & Mobility Practice Group is here to help these people and their employers navigate this process smoothly and successfully.
The employer will file a Form I-140 Immigrant Petition with the immigration’s Service Center. Labor certification from the U.S. Department of Labor is also required for most EB-2 petitions. However, certain individuals may request a waiver of the labor certification requirement if such a waiver would be in the national interest based on the type and significance of work the individual does.
For classification as an Advanced Degree Professional, the position must require a member of the professions holding an advanced degree as reflected in the job offer portion of the Labor Certification Application, and the individual must possess an advanced degree as shown by a master’s degree or its equivalent. The immigration regulations find a Bachelor’s degree plus five years of progressively responsible experience to be the equivalent of a Master’s degree.
For classification under EB-2 as a Person of Exceptional Ability, it must be shown that the person possesses a degree of expertise in the field significantly above that ordinarily encountered. Specifically evidence of at least three of the following must be submitted:
- Degree relating to area of exceptional ability;
- Letter from current or former employer showing at least 10 years experience;
- License to practice profession;
- Person has commanded a salary or remuneration demonstrating exceptional ability;
- Membership in professional association;
- Recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organization.
Comparable evidence, including expert opinion letters, may be submitted if above categories are inapplicable.