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Exceptional Ability Visa
The EB-2 visa is available to - professionals with advanced degrees or equivalent
- exceptional ability in the sciences, arts or business
Applies to a job that requires an advanced degree (beyond
the baccalaureate) and a foreign professional possesses
such degree or equivalent. The petition must include documentation, such as an official
academic record showing that the alien has a U.S. advanced degree or a foreign equivalent
degree, or alternatively a U.S. baccalaureate degree or a foreign equivalent degree
and letters from current or former employers showing that
the alien has at least 5 years of post-baccalaureate experience.
Exceptional ability in the sciences, arts or business
must "substantially benefit the national economy, cultural, or educational interests
or welfare of the United States." The applicant must provide three of the following
or comparable evidence of eligibility:
- Official academic record of the degree, diploma, certificate or similar award from a college, university,
school or other
institution of learning in the area
of exceptional ability;
- Letters documenting at least ten years of full-time experience in the occupation
being sought;
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A license to practice the profession or certification for a particular
profession or occupation;
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Evidence that 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, government entities, professional or business
organizations.
The U.S. employer must file a Form I-140 Petition for Alien Worker with a USCIS
Service Center that serves the area where the alien will work. Generally an approved,
individual labor certification from the Department of Labor on Form ETA-750 is also
required. A job offer is usually required but a worker with exceptional ability
in the sciences, arts, or business, may apply to waive a job offer in the national
interest on a Department of Labor Form ETA-750B.
Messing Law Offices provides expert labor attorney advice to determine if an applicant
meets the requirements for an EB-1, EB-2 or other immigration employment visa based
upon experience as professional immigration lawyers.
Contact Messing Law Offices
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