San Diego EB-2 Exceptional Ability Visa Lawyer
Every year, about 40,000 visas are made available to individuals of exceptional ability in the arts, sciences and business, or who possess advanced degrees in professional fields. This category of visas covers a broad range of individuals whose services in the sciences, arts, professions, or business are sought by employers in the United States. Applicants range from athletes to professionals who, because of their exceptional ability in the sciences, arts, or business, will substantially benefit the national economy, cultural or educational interests, or the welfare of the United States.
EB-2 Exceptional Ability Visa Stipulations
EB-2 is an immigrant visa preference category for those seeking employment-based permanent residency in the United States. EB-2 belongs to the broader category of EB type employment-based immigrant visas. The EB-2 visa, like several of the other EB visas, requires that an individual be offered a full-time, permanent position in the US, with some exceptions, and generally requires a labor certification indicating that there are no US workers available for the job.
Who Qualifies for EB-2 Exceptional Ability Visa
Typical cases of who qualifies for an EB-2(B) visa might include economists, lawyers, doctors, veterinarians, physicists, market research analysts, geographers, mental health workers, and marriage and family therapists. The main benefit of the EB-2(B) subcategory is that the foreign worker need not have received international acclaim in the field of specialty. Proven sustained national acclaim will meet the required standard.
There is no distinction made when allocating visas between the two sub categories of those with exceptional abilities and those with advanced degrees.
An applicant seeking an EB-2 visa by demonstrating exceptional ability must possess a level of expertise above what would normally be encountered in the field. USCIS will evaluate evidence submitted in its totality to determine if an applicant has a degree of expertise significantly above that normally encountered in the sciences, arts, or business. Evidence submitted must determine a positive response for at least 3 of the 6 questions below:
- Have you received a degree, diploma, certificate or similar award from a college, university, school or other institution, relating to the field of exceptional ability?
- Do you have at least ten years of full-time experience in your field?
- If required, do you have a license or certification to practice in your profession or occupation?
- Have you or will you command a high salary or other remuneration for your services, which demonstrates your exceptional ability?
- Are you a member of professional associations?
- Have you been recognized for achievements and significant contributions to your industry or field?
Applicants who possess advanced degrees in professional fields may also apply for an EB-2 Advanced Degree Professional Visa. Qualifying degrees are a U.S. Master’s or doctoral degree or its foreign equivalent OR a U.S. Bachelor’s degree (or its foreign equivalent) followed by at least five years of progressive experience in the field. Your advanced degree must relate to the field in which you will be working.
There are key requirements you must fulfill to apply for an EB-2 Advanced Degree Professional Visa. Evidence submitted to demonstrate that your advanced degree relates to your field includes:
- A letter from you or your prospective employer describing your current or proposed job
- Documents describing your company and its work
- A copy of your company’s annual report, if one is issued
National Interest Waiver (NIW) petition requests
Normally, a permanent job offer and an approved labor certification are pre-requisites to file an EB-2 preference immigration petition. However, it may be in the national interest to waive these requirements. A National Interest Waiver (NIW) petition requests that the labor certification requirement be waived for the sake of the “national interest of the United States.” If approved, a petition for an EB-2 NIW immigration visa with no requirement for a labor certification or a job offer from a U.S. employer will be allowed.
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