EB-2 Visa Overview
Types of EB-2 Applicants
- Exceptional Ability in the Sciences, Arts, or Business: For individuals with exceptional skills and expertise in their field.
- Advanced Degree Professionals: For individuals with advanced degrees or their equivalent in their profession.
- Qualified Alien Physicians: Physicians intending to practice in underserved areas of the U.S.
Steps to Apply
Employer Petition
Your employer must file Form I-140, Petition for Alien Worker, with the USCIS Regional Service Center that has jurisdiction over your employment location. The petition should include all required documentation and evidence.
Labor Certification
Most EB-2 petitions require Labor Certification (Form ETA-750). This process verifies that there are no qualified U.S. workers available for the position.
Exception for Exceptional Ability: If you are applying under the exceptional ability category and seek a National Interest Waiver (NIW), you can request to waive the Labor Certification requirement. For this, you must file Form ETA-750B.
Required Documents
For Advanced Degree Professionals
- Proof of an advanced degree or its equivalent (e.g., diplomas, degrees).
- Evidence of at least five years of professional experience in your field.
For Exceptional Ability in Sciences, Arts, or Business
You need to demonstrate at least three of the following:
- Academic achievements (diplomas, degrees).
- At least ten years of full-time experience in your field.
- A license or certification to practice in your specialty.
- Evidence of a high salary or remuneration compared to others in your field.
- Membership in professional associations.
- Recognition from peers, government officials, or organizations.
If you can’t provide the required three documents, other evidence may be acceptable.
National Interest Waiver for Physicians
Physicians can bypass the Labor Certification process under the EB-2 category if:
- Employer Petition: The sponsoring employer requests a National Interest Waiver on behalf of the physician.
- Self-Petition: The physician can self-petition if they demonstrate that their entry into the U.S. is in the national interest.
Additional Considerations
- National Interest Waiver: For exceptional ability individuals seeking a waiver, it’s crucial to show that waiving the labor certification requirement is in the national interest of the U.S.
- Documentation Quality: Ensure that all documentation is thorough and well-organized to support your petition effectively.