EB-2 Professionals

This is a group of people that are truly exceptional in their fields. There are three types of professionals that can apply under this EB-2 Classification. Remember, this petition if done correctly, will lead to permanent legal residence:

• Those with Exceptional Ability in the Sciences, Arts or Business, or.
• Individuals With Advanced Degree Professionals, or
• Qualified Alien Physicians who will practice medicine in an area of the U.S., which is underserved.

How do I begin the process for the EB-2 petition?

The process starts by having the full cooperation of your employer. Your employer should file-in Form I-140, the Petition for Alien Worker with the USCIS Regional Service Center that has jurisdiction over the location of your employment. This form should contain all necessary documents and evidence. Labor certification (Form ETA-750) is also required for most EB-2 petitions.

Is it true that if I have extraordinary ability, I may be able to skip the labor certification process?

Yes. Individuals with exceptional ability in the sciences, arts or business may apply to waive the labor certification requirement if a waiver would be in the national interest. To apply for this waiver, you should file-in Form ETA-750B.

What documents are need to apply for the EB-2?

A petition for a foreign national holding an advanced degree can be made when a position requiring an advanced degree becomes available in the United States. Interested candidates must show proof of their education and at least five years work experience.

If you wish to be classified as having exceptional ability in the sciences, arts, or business, you should intend to provide at least three of the following:

• Proof of academic achievement, including diplomas, degrees or certificates from colleges or universities.
• Letters that prove you have at least ten years of full-time experience in your field.
• A license to practice your profession or certification in your specialty.
• Proof that you have received a worthy salary for your services.
• Membership in professional associations
• Recognition in your field from peers, government officials or organizations.

The National Interest Waiver for Qualified Physicians In Underserved Areas

Under 2 circumstances, a physician applying for EB-2 visa can be exempted from the labor certification process if:

• Your employer requests a national interest waiver on behalf of you as a qualified alien physician, or
• You apply yourself if you can prove that your entry into the United States is in the National Interest.