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employment-based

eb-2

The EB-2 (Advanced Degree Professionals) visa is a category of immigration visa in the United States that is designed for individuals with advanced degrees or exceptional ability in their field of expertise. It allows professionals with advanced qualifications to immigrate to the United States and pursue employment opportunities.

The EB-2 visa is part of the employment-based preference visa category and is divided into two subcategories: EB-2(A) for professionals with advanced degrees and EB-2(B) for individuals with exceptional ability. Both subcategories require a job offer from a U.S. employer, and the employer must file a petition on behalf of the applicant.

To qualify for the EB-2 visa, the applicant must meet certain criteria depending on the subcategory they are applying under:

EB-2(A) - Professionals with Advanced Degrees

  • The applicant must possess an advanced degree, such as a master’s degree, Ph.D., or its foreign equivalent.
  • The advanced degree must be relevant to the field in which the applicant seeks employment.
  • The job offer from the U.S. employer must require an advanced degree or its equivalent.

EB-2(B) - Individuals with Exceptional Ability:

  • The applicant must demonstrate exceptional ability in the sciences, arts, or business.
  • Exceptional ability is proven by providing evidence of sustained national or international acclaim, such as significant awards, publications, professional memberships, or high salary in the field.
  • The applicant must show that their entry into the United States would substantially benefit the national economy, cultural or educational interests, or welfare of the nation.

In addition to meeting the specific criteria for each subcategory, the applicant must also obtain a labor certification from the U.S. Department of Labor. This certification verifies that there are no qualified U.S. workers available for the position being offered to the applicant.

It’s important to note that the EB-2 visa has an annual numerical limit, which means that there may be a wait time for visa availability. However, individuals from certain countries may benefit from a shorter wait time based on visa availability under the Visa Bulletin system.

The process of applying for the EB-2 visa involves the employer filing a Form I-140 petition on behalf of the applicant with the United States Citizenship and Immigration Services (USCIS). Once the petition is approved, the applicant may proceed with the visa application at a U.S. embassy or consulate in their home country.

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