Foreign national professionals with advanced degrees (or the equivalent experience) or those with exceptional abilities in the arts, sciences, or business may be eligible for an EB-2 visa.
In addition to providing evidence of their credentials, EB-2 applicants must also demonstrate that the U.S-based job they are applying for requires an advanced degree and that they possess such a degree (or a baccalaureate degree plus 5 years’ progressive experience in the field).
Exceptional ability is defined as “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” Foreign nationals who possess exceptional ability must meet at least 3 of the following 7 criteria:
- Academic record showing official degree
- Letters proving at least 10 years of experience in the field
- License to practice profession
- Evidence of a higher salary
- Membership in a professional association(s)
- Recognition of achievements
- Other comparable evidence
Generally, an EB-2 petition must be accompanied by a Labor Certification approved by the United States Department of Labor. However, foreign nationals who can show that their permanent employment is the U.S’s national interest may seek a waiver of this requirement.
Contact a Skilled Business Immigration Lawyer for More Information*
Gold Law Group assists clients with a wide variety of business-related immigration issues including EB-2 petitions. If you are a foreign national seeking a EB-2 visa or if you are a U.S employer wishing to file a petition on behalf of a prospective foreign national employee, visa please call 323.394.1281 or contact us online to schedule a consultation.
*Please read important legal notice below