(EB-2) WORKERS WITH ADVANCED DEGREES OR EXCEPTIONAL ABILITY IN THE SCIENCES, ARTS OR BUSINESS:

The EB-2 classification refers to professionals with advanced degrees or persons with exceptional ability in the sciences, arts or business, and professionals with advanced degrees. It also covers physicians intending to practice medicine in undeserved areas. To apply for a EB-2 Visa, the applicant must have an advanced degree or exceptional ability; a job offer which demands an advance degree; a labor certification (unless the applicant is qualified for a EB-1 Visa or the National Interest Waiver).

Procedures

The applicant's employer should file-in Form I-140, the Petition for Alien Worker with the INS 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.

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, the Form ETA-750B should be submitted.

Forms and Documents

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

In order to be qualified for this category, the applicant should provide at least three of the following evidence to prove the existence of the exceptional ability in the sciences, arts, or business:

1. Proof of academic achievement, including diplomas, degrees or certificates from colleges or universities.
2. Letters that prove that the applicant has at least ten years of full-time experience in his or her field.
3. A license to practice the applicant's profession or certification in his or her specialty.
4. Proof that the applicant has received a worthy salary for his or her services.
5. Proof of the membership in professional associations
6. Recognition in a particular field from peers, government officials or organizations.

Other documents could be submitted should the above-noted information be not available.