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EB-2 Professionals

The EB-2 classification enables a majority of foreign workers in the U.S. to apply for immigrant visas.  Similar to the EB-1 classification, the EB-2 classification is also broken up into different types of workers.  However, labor certifications, also known as PERM applications, must first be submitted to and certified by the U.S. Department of Labor before USCIS will issue an immigrant visa, unless the labor certification requirement has been waived.

Professionals with Advanced Degrees
Individuals must possess an advanced degree or its equivalent (baccalaureate degree and five years of work experience in the field) and the offer of employment must require an advanced degree.

Exceptional Ability in the Sciences, Arts or Business
Foreign individuals must demonstrate that they have exceptional ability in the arts, business or science.  Successful petitions must include extensive documentation of the individual’s exceptional ability in their field of endeavor and satisfaction of at least three of the listed criteria, including ten years of experience in the field, professional certification or licensure, high remuneration, membership in professional associations, recognition for achievements and more.

Professionals Seeking a National Interest Waiver
Foreign individuals who possess an advanced degree and currently working in a field that has a substantial national interest to the U.S. may request a waiver of the labor certification (PERM application) and directly file a petition for an immigrant visa.  The petition must demonstrate that the individual’s field of endeavor:

  • Is in a field that has substantial intrinsic merit;
  • Is beneficial to the entire nation; and,
  • Would be adversely affected if the labor certification requirement was imposed.

 

Qualifying for these categories requires submitting extensive documentation in addition to preparing a labor certification (PERM) to the U.S. Department of Labor.  Please contact our office to see if you qualify under this category and how we may assist you.

   
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