US EB-2 is a preference class permanent residency immigrant visa defined by Immigration Act of 1990. The class targets professional groups holding advanced degrees or their equivalents and individuals with outstanding skills in field of science, arts, or business and whose entry into the country would bring immense benefits for the local economy and the society, and whose expertise is deeply sought by US based employers.
Applicants (except those filing for a waiver under National Interest Waiver) placing request under the EB-2 class must obtain a labor certification, an employment offer and their employer must file an I-140.
To qualify for an EB-2 visa, employer must file a Form I-140, Petition for foreign personnel. As per the Immigration and Nationality Act (INA) at Section 203(b)(2), the applicants must fulfill certain basic and advanced stipulations:
- Advanced degree- the employment in "Profession" being applied for by applicants must need advanced degree (not every advanced degree in included in this program), i.e. Master's degree or higher, and the applicant must have successfully completed one or its equivalent (a graduation with 5 years practical exposure).
- Exceptional ability- the applicant must be able to demonstrate outstanding skills in the sciences, arts, or business. In other words, "a degree or qualification rated significantly higher than ones generally found in the sciences, arts, or business"
- National Interest Waiver –similar to "exceptional ability", but foreigners seeking to obtain an exemption must be able to demonstrate that the work being undertaken by the applicant would be in national interest of USA. Although the official statutes do not offer any description of occupations considered crucial for the national economy, exemptions are granted to those with outstanding capabilities and whose presence in the nation would prove to be highly beneficial for the country. Applicants intending to obtain exemptions do not need employers to nominate them and they can place the petitions by themselves.
- Entrepreneurs can also qualify for the EB-2 category under certain conditions.
People filing under the Advanced Degree program must be able to demonstrate that they have:
- An Advanced Degree accomplished either in a US Varsity or an equivalent obtained in a foreign university, or
- A graduation degree accomplished in a US varsity or an similar qualification attained in a foreign university
- Letters from current or former employers substantiating that they have accumulated a minimum of five years of incremental practical exposure after completion of graduation in their field of specialization
Applicants intending to file their petitions under exceptional ability and national waiver scheme must be able qualify for any of the three given parameters, namely:
- They must be able to evidence that they have a degree, diploma, certificate, or similar accomplishment from a college, university, school, or other establishment of learning connected to their area of outstanding expertise.
- Documents substantiating a practical exposure amounting to a minimum of 10 years of full-time engagement in their profession.
- An approval to practice their occupation or a trade certification.
- Proofs that they have been compensated for work that evidences that illustrates their outstanding skills.
- Membership in a professional association(s).
- Acknowledgement for their feats and phenomenal contributions to their domain by their contemporaries, government agencies, professional or business enterprise.
- Other miscellaneous comparable substantiations of qualifications are also acceptable.
Employment-based, second-preference petitions must usually be complemented by a sanctioned individual labor certification from the Department of Labor on Form ETA-750.
Quality Abhinav Assistance
Abhinav can render competent and time bound support in preparing petition for EB-2 visa by preparing requisite forms and letters and finalizing the petition for filing. We assist
By addressing enquiries and queries connected to the formalities and requirements of EB-2 employment based green card petition under indicated classes, based on qualifications.
We offer dependable, affordable and just in time services to help your employees in resolving various intricate issues connected to EB-2 visa. We complete the process by preparing and submitting the petition for I-485 (Application to Adjust Status).
US Immigration law experts
We are equipped with an expert of established US law experts, well versed staff to handle any Visa application for US and also handle the state of the art "Tracker" immigration software which enables us to provide flawless services to our clients.
We extend service and support
Preparing I-140 petition
Preparing and completing Petition I-140 (immigration petition for foreign worker) for employment based permanent residency petition with requisite attachments post PERM sanction
After the visa number is received
Preparing all documents and forms to be submitted for residency permit like
- All supporting to be attached with I-485 (Application to Adjust Status)
- I-765 (Application for Employment Authorization Document)
- I-131 (Application for Travel Document)
- G-325A (Biographic Information) to be attached with I-485
- Completing the petition with requisite supporting documents for submission with USCIS
- Responding to any query from USCIS
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