EB-2 – Employment-Based Second Preference Green Card

You may qualify for an employment-based, second preference visa (EB-2) if you hold an advanced degree or its equivalent, or if you possess exceptional ability. At Barutcu Law Office, we provide comprehensive support throughout the EB-2 visa application process, ensuring that all necessary documentation is correctly prepared and submitted. Contact us for personalized assistance with your EB-2 visa application.

Here are the categories and requirements for eligibility:

To qualify under the advanced degree category, the job you are applying for must require an advanced degree, and you must hold such a degree or its foreign equivalent. Alternatively, a combination of a baccalaureate degree (or its foreign equivalent) and five years of progressive post-baccalaureate work experience in the field may also be acceptable. You must meet any additional requirements specified on the labor certification as of the priority date.

Required Documentation for Advanced Degree:

– An official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree.

– If applying with a baccalaureate degree plus experience, provide an official academic record for the degree and letters from current or former employers verifying at least five years of progressive post-baccalaureate work experience in the specialty.

– If a doctoral degree is typically required for the position, you must possess a U.S. doctorate or its foreign equivalent.

To qualify under the exceptional ability category, you must demonstrate a level of expertise significantly above that ordinarily encountered in the sciences, arts, or business. You must also meet any applicable requirements specified on the labor certification.

Criteria for Demonstrating Exceptional Ability:

You must meet at least three of the following criteria:

1. An official academic record showing a degree, diploma, certificate, or similar award from a college, university, or other institution of learning related to your area of exceptional ability.
2. Letters from current or former employers documenting at least ten years of full-time experience in your occupation.
3. A license to practice your profession or certification for your profession or occupation.
4. Evidence of having commanded a salary or other remuneration for services that demonstrates your exceptional ability.
5. Membership in a professional association(s).
6. Recognition for your achievements and significant contributions to your industry or field by peers, government entities, or professional or business organizations.
7. Other comparable evidence of eligibility.

The National Interest Waiver allows certain applicants to request a waiver of the job offer and labor certification requirements because their work is deemed to be in the national interest of the United States. Applicants seeking a national interest waiver may self-petition without an employer’s sponsorship.

Factors USCIS Considers for NIW:

1. The proposed endeavor has both substantial merit and national importance.
2. You are well-positioned to advance the proposed endeavor.
3. On balance, it would benefit the United States to waive the requirements of a job offer and labor certification.

If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-21 and E-22 immigrant status, respectively.