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EB-2 Visa

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Eb-2 Category: Second Preference – Individuals Of Exceptional Ability In The Arts, Sciences, Or Business

This category applies to aliens of extraordinary ability in the arts who will substantially benefit the national economy, cultural interests, educational interests or welfare of the United States due to their extraordinary ability.

In this category, exceptional ability in the arts (including athletics), sciences or business means a degree of expertise significantly above that ordinarily encountered in the arts, science or business.

This category usually requires an offer of employment from a U.S. employer. There is a limited waiver available to the employment offer if the alien can show it is in the national interest significantly above that for prospective national benefit.

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This category requires an approved labor certification to establish that there are no qualified U.S. workers available to fill the position. 

There is a waiver available to the labor certification requirement if the petitioner can show an exemption would be in the national interest of the United States. There is another very limited waiver available that requires meeting criteria for a higher standard of exceptional than the regular EB2 standard.

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Criteria For EB-2 Visa

Must show at least 3 of the following:

  • Official academic record showing the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
  • Letters from current or former employer(s) showing at least 10 years of full-time experience in the occupation for which he or she is sought;
  • License to practice the profession or certification for a particular profession or occupation;
    Evidence the alien has commanded a salary or other remuneration for services, which demonstrates exceptional ability;
  • Membership in professional associations;
  • Recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations;
  • Comparable evidence may be used if the above standards do not readily apply to the alien’s occupation.

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