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Jian Law Group

Second preference Employment-Based immigrant visas (EB-2 visa):

Individuals who are member of the professions holding an advanced degree or its equivalent, or foreign nationals who have exceptional ability may fall under EB-2 immigrant visa. In order to qualify for “advanced degree”, the jobs individuals apply for must require an advanced degree or its equivalent. If individuals only obtain a baccalaureate degree and have at least 5 years progressive experience in the professions is recognized as equivalent to the advanced degree.

Employers who file the application for their beneficiaries of EB-2 under advanced degree must present employment offer and the labor certification is required. Unlike EB-1 application, employers must first obtain the labor certification from DOL in order to process I-140 for immigration process. The labor certification must indicate the advanced degree is required for performing job duties which individual has applied for and if it’s required a doctorial degree, individuals may not be able to substitute for working experience.

Employers who file the application for their beneficiaries of EB-2 under exceptional ability, then individual 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”. Proof of exceptional ability required any three of the followings:

a. Letters from current or former employers documenting at least 10 years of full-time experience.
b. A license or certification to practice the profession or occupation.
c. Evidence that beneficiaries have commanded a salary or remuneration for services that demonstrates exceptional ability
d. Need to provide evidence for recognition of achievements and significant contributions to industry or field by peers, government entities, professional or business organizations
e. Different forms of evidence which can demonstrate the individuals’ exceptional ability such as academic record indicating specific degree, honor and certificate.
f. Membership in professional of related associations.
Again, employers must first obtain the labor certification from DOL in order to process I-140 for immigration process.

Generally, individuals who hold H-1B non-immigrant status sponsored by their employers may file the petition for immigrant visa through EB-2 category by their current employers. Beneficiaries who undergo the immigration process usually face a long period of wait for the labor certification. However, individuals possess advanced degree and/or who are able to show the exceptional ability according to the requirements above may be eligible to apply for “National Interest Wavier” to take the advantage of labor certification exemption.

In order to apply for NIW, the jobs perform by the foreign nationals can be shown to be of benefit to the U.S. in the future, it may be possible to apply in NIW without having a job offer and no labor certifications required. In order to demonstrably “benefit” the U.S., the applicants will have to show that their employment in the United States would greatly impact the U.S. in economy, employment, education, etc.

Our specialized team will offer our clients a detailed explanation under EB-2 immigration visa so that our clients will be more familiar with the requirements and NIW application. For all other inquiries please contact us for prompting reply.

 

 

 

 

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