- Members of
the professions holding advanced degrees or their equivalent
- Exceptional
ability in the sciences, arts or business
Members of the professions holding advanced degrees or their equivalent
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.
Exceptional ability in the sciences, arts or business
This classification applies to those "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."
In order to receive this classification, the individual must
provide documentation of three of the following:
| 1. |
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; |
| 2. |
Letters
documenting at least ten years of full-time experience in
the occupation being sought; |
| 3. |
A
license to practice the profession or certification for a
particular profession or occupation; |
| 4. |
Evidence
that the alien has commanded a salary or other remuneration
for services which demonstrates exceptional ability; |
| 5. |
Membership
in professional associations; |
| 6. |
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
A job
offer is required and your U.S. employer must file an USCIS Form I-140
Petition for Alien Worker at the USCIS
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.
Please see the Department
of Labor's Employment and Training Administration
for more information.
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.
Please see the Department
of Labor's Employment and Training Administration
for more information.
For more information, return to: Employment
Immigration
The information provided
in this website is not legal advice and should not be interpreted
as legal advice. This website is intended to provide a basic understanding
of this information in summary form. This information may not be
comprehensive, is subject to change, and may not apply to all individual
circumstances. Any information received here should be confirmed
with the appropriate government agencies or with an attorney, particularly
as it relates to your individual circumstances. Your use of this
website indicates your agreement to be bound by our Terms
of Use.
|
