EB-2 SECOND PREFERENCE – EMPLOYMENT BASED IMMIGRATION
The Second Preference Employment Based is apportioned about 40,000 annual visas plus any of the unused visas in the First Preference Employment Based. Labor Certification (PERM) and a specific job offer are needed for most individuals in the Second Preference Employment Based category.
EB-2 is an immigrant visa category for employment in the United States. This visa is employment-based permanent residency, granted and regulated by the Immigration Act of 1990. This preference category qualifies “members of the professions holding advanced degrees or their equivalent”, and “individuals who, because of their exceptional ability in the sciences, arts, or business will substantially benefit prospectively the national economy, cultural, or educational interests, or welfare in the United States, and whose services in the sciences, arts, professionals, or business are sought by an employer in the United States”.
Generally, applicants for this visa must have an approved labor certification, job offer; and with the employer having filed an Immigrant Petition for Alien Worker (Form I-140) with the USCIS.
To be exempted from the Labor Certification (PERM) and specific job offer requirement, you must request a National Interest Waiver and USCIS must be able to establish the said exemption would be in the National Interest.
The Second Preference Employment Based Immigration EB-2 (Green Card) is available for the following individuals:
- Advance Degree Professional
- Exceptional Ability Worker
“Advanced Degree” means at least a Masters Degree or higher; implying that the applicant must possess one or its equivalent. This means a baccalaureate degree, plus five years progressive work or experience in the field. Not everyone with an advanced degree qualifies though; as the job must be a “profession”, or occupation. This includes, but is not limited to Architects, Lawyers, Engineers, Surgeons, Physicians, and Teachers, which requires at least a minimum US Baccalaureate Degree or its foreign equivalent.
“Exceptional Ability” means “a degree of expertise significantly above that ordinarily encountered in a respective field.
You Need an Immigration Lawyer for Your Visa Application
Whether or not you qualify for an EB-2 Visa depends on your qualifications; and subject to the determination of the authorities. With this, you need an Immigration Lawyer with ample knowledge on the Visa application and its processes to help you through it all.
The Gambacorta Law Office is dedicated to helping clients obtain the Visa to which they are qualified for. We understand how intricate and complicated the process could be for someone who do not know the process by heart; and so we are committed to passionately assist clients towards obtaining their US Visa.
Talk to us to know more about how we can help you with your EB-2 Visa Application today!
EB-2 SECOND PREFERENCE – EMPLOYMENT BASED IMMIGRATION ADVANCED DEGREED PROFESSIONAL
This is an immigrant visa wherein the beneficiary worker obtains green card and permanent residence upon approval.
The two subcategories for the EB-2 classification are:
- workers who are members of professions holding advanced degrees or their equivalent
- workerswho because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the US economy, cultural or educational interests, or welfare of the United States. This category also includes athletics.
This category basically requires for the employer to first obtain a Labor Certification (PERM) from the Department of Labor. Those individuals from other countries, except India and China, were allowed to file their petitions and applications immediately after getting the Labor Certification without having to wait for numerical availability. The immediate availability of this category will continue for individuals from most countries. Spouses and children below 21 years of age and not married are qualified to obtain green cards if accompanying the main beneficiary.
EB-2 process begins with labor certification if required. The petitioning employer must file the I-140 Form, Immigrant Petition for Alien Worker. The Form I-140 should also include the approved labor certification.
The advantage in obtaining a Visa under the EB-2 Category is that the process is usually more expedited than with the other labor-based visa applications and categories. It basically works on a supply-demand situation. As fewer people are able to qualify under this category, there is the greater demand of the same. It is likewise worth mentioning that the US issues a very limited number of visas per years; thus, having less competition for a category applied for means having greater chances of being approved faster. A foreigner applying for a visa under EB-2 category is more likely to obtain a green card sooner than an EB-3 applicant.
First Subcategory: Workers Who Are Members of Professions
This first sub-category of the Second Preference category requires that to qualify as a member of the professions, you must have an advanced degree or the equivalent in education and experience and the position must require, at a minimum an advanced degree or the equivalent. To be considered to have an equivalent to a Master’s Degree, you must have at least a bachelor’s degree and at least five years of progressive work experience in the field.Any US employer can file a petition if the job requires an advanced degree (degree beyond baccalaureate) and the alien possesses the requisite degree. As an alternative to the advanced degree, a worker may qualify if he or she has a baccalaureate and five years of progressive experience in the field.
Second Category: Workers with Exceptional Ability
For workers with exceptional ability, the worker must show that s/he has a degree of expertise significantly above the ordinary. The worker must provide at least three of the following forms of evidence:
- Official academic record, showing a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
- At least ten years of full time experience in the occupation with letters from current and past employers;
- License to practice the profession or certification to practice;
- Evidence that the alien’s salary or remuneration that evidences exceptional ability;
- Membership in professional associations;
- Recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional organizations;
- Or other comparable evidence.
You Need an Immigration Lawyer for Your EB-2 Visa Application
The entire process of applying for an Advanced Degree Professional EB-2 visa is a complex and complicated procedure. Apart from complying with the documentary and other requirements, you may have to comply with other bureaucratic requirements as well– and this is on top of having to submit in everything within an allowable period of time.
Considering this, it is in your best interest to seek for the assistance of an Immigration Lawyer to help you through the entire process.
At The Gambacorta Law office, we are here to help. With years of experience and expertise in the field of Visa applications, we have what it takes to efficiently and effectively assist you throughout the process.
Talk to us for an in-depth discussion and consultation on your EB-2 Visa Application today!
EB-2 SECOND PREFERENCE – EMPLOYMENT BASED IMMIGRATION EXCEPTIONAL ABILITY ALIENS
The term “exceptional” in various contexts under the immigration law has caused a lot of confusion. For the purpose of showing eligibility for EB-2 classification as a worker of exceptional ability in the sciences, arts (including athletics), or business, the individual must have a degree of expertise above the ordinary.
In the context of EB-2 Visa for Employment Based Immigration for Exceptional Ability Aliens, “exceptional ability” means having a degree of expertise that is substantially above that ordinary skills and knowledge in the field. This preference is allotted with about 28.6% of the yearly worldwide limit of 40,000 visas a year; plus any unused Employment First Preference Visas. With less competition in the field for the limited number of Visas issued for this purpose, applicants under this category may expect an expedited process in the Visa application.
The Second Preference category requires that the employer first obtain a Labor Certification (PERM) from the Department of Labor. Those individuals from other countries, except India and China, were allowed to file their petitions and applications immediately after getting the Labor Certification without having to wait for numerical availability. The immediate availability of this category will continue for individuals from most countries. Spouses and children below 21 years of age and not married are qualified to obtain green cards if accompanying the main beneficiary.
The petitioner must file a Form I-140, petition for alien worker, for an EB-2 worker at the USCIS Dallas Lockbox. The Form I-140 may be e-filed, as well. Basically, the petition must include a certified individual labor certification from DOL, with evidence that the individual meets the requirements for the job set forth in the labor certification.
This second sub-category of the Second Preference category applies to those who have exceptional ability in the science, arts, or business that benefits the national economy, cultural, or educational interests or welfare of the United States. To receive this classification, you must be able or provide at least three types of evidence related to and support the specific exceptional ability:
- official academic record showing that you have 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;
- license to practice the profession or certification for a particular professions or occupation;
- evidence that you have 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 entries, professional or business organizations.
Two Exceptions to The Labor Certification Requirement:
FIRST, if the foreign national will serve the national interest, labor certification may be waived. If the foreign national is claiming an exceptional ability and seeks a waiver of the labor certification requirement, the foreign national or anyone on his or her behalf may be the petitioner. To apply for a national waiver: The petitioner must submit Form I-140 with the Form ETA-9089 (available at www.plc.doleta.gov) Statement of Qualifications of Alien and evidence to support the claim that exemption would be in the national interest.
SECOND, workers under DOL’s Schedule A. Petitions under Schedule A, Group II for individuals of exceptional ability are not limited to the second preference category, and there is no specific box to check on the I-140 petition. The petitioner should check the preference category box on Form I-140 which corresponds to the minimum education, training and experience required for the position and should clarify in parentheses that the case is being filed under Schedule A, Group II.
To qualify for Schedule A, Group II, in the sciences or arts (excluding the performing arts) an individual must submit:
- Evidence of current widespread acclaim and international recognition;
- Documentation showing that his or her work during the past year required, and his or her intended work will require, exceptional ability;
- Evidence from at least two of the following seven categories:
- Receipt of international prizes or awards for excellence in the field;
- Membership in international organizations that require outstanding achievement of their members;
- Published material about the alien relating to the alien’s work in professional publications;
- Evidence of the alien’s participation as a judge of the work of others in the same or an allied field;
- Original scientific or scholarly research contributions of major significance in the field;
- Authorship of scientific or scholarly articles in the field in professional journals with international circulation;
- Display of the alien’s work at artistic exhibitions in more than one country.
To qualify for Schedule a Group II, in the performing arts, an individual must submit:
- Evidence that the alien’s work experience during the past 12 months did require and the intended employment will require exceptional ability;
- Documentation to show exceptional ability, such as:
- Documentation attesting to current widespread acclaim and international recognition and receipt of international prizes or awards for excellence,
- Published material by or about the alien, such as critical reviews or articles in major newspapers, periodicals, and/or trade journals (with title, date, and author),
- Evidence of earnings commensurate with the claimed level of ability,
- Playbills and star billings,
- Documents attesting to the outstanding reputation of theaters, concert halls, nightclubs, and other venues in which the alien has appeared or is scheduled to appear,
- Documents attesting to the outstanding reputation of theaters or repertory companies, ballet troupes, orchestras, or other organizations in which or with which the alien has performed during the past year in a leading or starring capacity.
You Need An Immigration Lawyer For Your Employment Based Immigration Exceptional Ability Aliens
At The Gambacorta Law Office, we help exceptional ability aliens obtain their EB-2 Visa for permanent residency in the United States with our exceptional Immigrant Legal Services.
We begin with understanding the circumstances of our client, ascertaining their fitness for this Visa preference category. We proceed with helping them acquire the necessary forms to fill in, assisting them throughout the application process.
The Gambacorta Law Office have ample experience in dealing with Immigration and Visa processes; thus, we know the procedures by heart. Having worked on Immigration cases and visa applications for years partnering with countless of clients, The Gambacorta Law Office help you with your EB-2 Visa Application.
Get in touch with us for an in-depth consultation about your EB-2 Visa application today!