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The EB-2 classification includes: aliens who are "members
of the professions holding advanced degrees or their equivalent"
and aliens "who because of their exceptional ability in the
sciences, arts, or business will substantially benefit the national
economy, cultural, or educational interests or welfare of the United
States."
A petition for a foreign professional
holding an advanced degree may be filed when the job requires an
advanced degree (beyond the baccalaureate) and the alien possesses such a
degree or the 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 an official academic
record showing that the alien has 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 progressive post-baccalaureate
experience in the specialty.
Qualified alien physicians who will be practicing
medicine in an area of the United States certified by the Department of
Health and Human Services as underserved may also qualify for this
classification.
In order to be classified as having exceptional
ability in the sciences, arts, or business, the individual must
provide documentation of three of the following:
- An official academic
record showing the alien has a degree, diploma, certificate or similar
award from a college, university, school or other institution of
learning relating to the area of exceptional ability;
- Letters documenting at
least ten years of full-time experience in the occupation being
sought;
- A license to practice the
profession or certification for a particular profession or occupation;
- 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.
If the above standards do not apply to the
petitioner's occupation, other comparable evidence of eligibility is also
acceptable.
Application Procedures
CIS Form I-140 Petition for Alien Workers required. Your employer
must file a CIS Form I-140 (Petition for Alien Worker) at the CIS
Regional Service Center that serves the area where you will work.
EB-2 petitions must generally be accompanied by an
approved, individual labor certification from the Department of Labor on
Form ETA-750.
If you are a worker with exceptional ability in the
sciences, arts, or business, you may apply to waive the requirement that
you have a job offer if such a waiver would be in the national interest.
To apply for a national interest waiver, you must submit Department of
Labor Form ETA-750B.
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