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The EB-2 Immigrant Visa

If you are looking to hire foreign workers for your business, you should know that every year the United States allows a fixed number of green cards for foreign workers who are needed by US businesses to fill vacancies under the EB-2 green card.

Applicants for these employment-based visas are categorized based on their skills, background, and knowledge. An EB-2 green card is available for those foreign workers who fall into the United States’ second preferred category. They are available for individuals who fall into one of three categories.

Employment-Based Immigration: Second Preference EB-2

You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability. Below are the occupational categories and requirements:

Advanced Degree

The job you apply for must require an advanced degree and you must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field).


Exceptional Ability

You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”

National Interest Waiver

Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the nation. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.

 

The EB-2 green card attorneys at Kameli & Associates have extensive experience with complex employment immigration cases and are prepared to assist you with all stages of the process.

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