Find the Right Experts Who Can Guide You in Preparing Your EB-2 Petition
Employment-based second preference visas or EB-2 visas are reserved for professionals holding advanced degrees or individuals who have exhibited exceptional abilities within their respective fields. An EB-2 petition typically requires a labor certification and a job offer. However, individuals may request a waiver on the labor certification and job offer if he/she can prove that it would be in the interest of the nation to do so (also known as NIW).
Below, we will be discussing in detail the EB-2 PERM labor certification petitions. It is important to note that EB-2 visas are not self-petition visas; a petition for the same must be filed by the prospective US employer. This makes the employer the EB-2 Petitioner, and the individual for whom the petition is being filed, the EB-2 Beneficiary.
Although the standard of proof required for an EB-2 visa classification is substantially lesser than what is required for an EB-1 visa, EB-2 petitions are also subjected to intense scrutiny by USCIS. To satisfy the highly complex requirements of EB-2 visas, it is recommended that you file your petition through an experienced immigration attorney.
Eligibility Requirements of an EB-2 Petition Filed under the “Advanced Degree” Classification
An EB-2 petition filed under the “advanced degree” classification must be accompanied by documentary evidence demonstrating that:
- The EB-2 Beneficiary is a professional holding an advanced US degree or foreign equivalent degree;
- A permanent labor certification application (PERM) has been obtained by the Petitioner for a position that requires to be filled by a professional holding such an advanced degree;
- The Beneficiary has a valid job offer from the Petitioner, and he/she squarely meets all the requirements of the proffered position; and
- The Petitioner must also establish that the proffered position is normally required to be filled by a person holding such an advanced degree.
The EB-2 Beneficiary can establish that he/she possesses an “advanced degree” if either of the following conditions is satisfied:
- He/she holds a U.S. master’s degree, a higher degree, or a foreign degree evaluated to be the equivalent of a U.S. master’s degree or a higher degree;
- He/she holds a U.S. bachelor’s degree or a foreign equivalent degree and has 5 years of progressive, post-degree work experience.
Eligibility Requirements of an EB-2 Petition Filed under the “Exceptional Ability” Classification
An EB-2 petition filed under the “exceptional ability” classification must establish that the EB-2 Beneficiary possesses a high level of ability within the fields of sciences, arts, or business. To prove exceptional ability, the USCIS has listed down six accepted documentary evidence, of which the Beneficiary must successfully provide at least three.
The six accepted forms of evidence are listed below:
- Academic records of Beneficiary, relating to the area of his/her exceptional ability;
- Letters from current or former employers evidencing that the Beneficiary has ten years of full-time experience within the field;
- Proof of license received by the Beneficiary to practice the profession;
- Evidence that the Beneficiary commands a higher salary compared to his/her peers;
- Evidence of the Beneficiary’s membership in professional associations; or
- Proof of widespread recognition received by the Beneficiary.
Apart from the above evidence required to prove the EB-2 Beneficiary’s exceptional ability, the Petitioner must also submit evidence to demonstrate that:
- The Beneficiary has a valid job offer from the Petitioner, and he/she squarely meets all the requirements of the proffered position.
- A permanent labor certification application (PERM) has been obtained by the Petitioner, for a position that requires to be filled by a professional, possessing such exceptional abilities.
Benefits of Opting for an EB-2 Visa Classification
The EB-2 visa program was introduced to benefit eligible professionals with advanced degrees and individuals who have exhibited exceptional abilities within their fields. The recipients of an EB-2 visa not only enjoy the option of permanent US residency but can also apply for permanent US residency for their spouses and unmarried children.
We have a Unique Perspective on EB-2 Perm Petitions
When this much time, effort, and money is invested into the relocation of top-level employees and the growth of the company, it’s always best to have an expert handle your case.
Based out of Chicago, Illinois, with additional offices in Schaumburg, IL, Naperville, IL, and Madison WI, Francis Law Center is committed to optimizing the immigration path for foreign professionals from all over the world and their U.S. employers. Our clients include people coming to the United States from India, Pakistan, China, Canada, Latin America, the Middle East, Asia, Europe, Africa, and elsewhere.
Francis Law Center focuses on practicing immigration law. In fact, it is the only kind of law we practice. Attorney Jae Francis Lee brings experience as a professional, previously working as a professor for 22 years at the University of Wisconsin, and holds a Ph.D. from New York University. He understands the importance of in-depth research and meticulous documentation required for a successful EB-1C Visa petition. As a result, we can help you understand your options when it comes to qualifying and filling out an EB-1C petition.
Schedule an Initial Consultation: Call us at 866-868-1596. You can also reach us online. We look forward to hearing from you.
