EB-2 Advanced Degree Professionals

EB-2 Advanced Degreed Professionals

To apply for EB-2 Advanced Degreed Professionals visa, the applicant must be a holding an advanced professional degree or equivalent else possess an exceptional ability in the sciences, arts, or business that can substantially benefit the national economy, cultural, or educational interests or welfare of the United States. In order to file a petition, the documentation must include details of official academic record showing that the professional has a U.S. advanced degree or a foreign equivalent degree.

The other choice to present a document includes an official academic record showing that the professional has a U.S. baccalaureate degree. Letters from the current or former employers may also be shown as a proof that the professional has at least 5 years of progressive post-baccalaureate experience in the specialty. Doctors who are qualified and graduated from a reputed and recognized college may also apply for EB-2 Advanced Degreed Professionals visa. It is mandatory for such doctors to be certified by the Department of Health and Human Services as underserved in order to qualify for this classification.

The EB-2 Advanced Degreed Professionals visa qualifications includes different rules for different categories which are as follows –

EB-2: Alien of Exceptional Ability

A person possessing an exceptional ability, having a significant expertise above an ordinary, qualifies for this category. He must present documentation in order to provide a proof of his ability which includes:

· Recognition by peers or government/professional entities for achievements and contributions

· Official academic record demonstrating the alien has the earned degree(s)

· License or certification for professional practice

· Statement from the employer demonstrating at least ten years of full-time experience in the field

EB-2: Advanced Degree Professional – Teaching Faculty (Special Handling)

An applicant who wishes to apply for the post of teaching faculty comes under this category. Any college or university must have selected the applicant in a competitive recruitment process. It is important for the applicant to possess a classroom teaching experience as well. A labor certification is also required which must be filed within 18 months after the individual has been selected. Support of following documents is needed to apply:

  • Copy of the print ad from a professional journal.
  • Recruitment report stating the number of applicants for the position and why the alien was more qualified than each specific candidate, a copy of final report (if applicable), and a written statement of the alien’s credentials.

EB-2: National Interest Waiver

For this category, the applicant needs not to have an offer of employment by any company or organization. The selection will be based on the fact that the admission of such a person as a permanent resident in US will be in the national interest. Generally there are no specific rules as to what will qualify an applicant for a National Interest Waiver. But USCIS considers the following factors to make a decision:

  • The proposed employment is in an area that has substantial inherent value.
  • The proposed benefit to be provided by the applicant is national in scope.
  • The national benefit to be provided by the applicant outweighs the national interest in the labor certification process (i.e. testing the U.S. labor market to ensure that no U.S. worker is available to fill the position for which the applicant is to be hired).

 

For more information or assistance on attaining Lawful Permanent Residence or a Green Card through a EB-2, please schedule an appointment with out immigration lawyer today.