What is EB-2 Classification?
You may qualify for EB-2 Classification, an employment-based immigrant classification, if you:
- Are a member of a profession holding an advanced degree (or its equivalent)
- Will substantially benefit the national economy, educational, or cultural interests or welfare of the U.S. due to your exceptional ability in arts, business, or science
When Can A Petition Be Filed for a Foreign Professional?
A prospective employer may file a petition for a foreign professional holding an advanced degree when:
- The position requires an advanced degree
- The alien has such a degree (or its equivalent)
The petition must include evidence that the alien has such a degree or a foreign equivalent (i.e. official academic record). If the alien does not have an advanced degree, the petition should include evidence that the alien holds a U.S. bachelor degree (or its equivalent) and the letters of current or former employers (to demonstrate that the alien has had at least 5 years of post bachelor degree experience). Also, the Department of Health and Human Services may certify qualified foreign doctors to practice medicine in underserved areas of the United States.
What Kind of Evidence is Necessary?
To prove his/her exceptional ability in the arts, science, or business, the alien may provide evidence of three of the following (which is not an exhaustive list):
- Professional association memberships
- Letters showing that the alien has at least 10 years of experience
- Recognition for achievements in the field
- Official academic record
- Proof that the alien has received a salary that demonstrates his/her exceptional ability
- A license to practice
How Do I Apply for EB-2 Classification?
The prospective employer must apply for the alien worker. The employer must file USCIS Form I-140 (Petition for Alien Worker) at the USCIS Regional Service Center in the area where the job is located. Typically, these petitions must also include an approved, individual labor certification from the U.S. Department of Labor (Form ETA-750).
Do I Need an Experienced Immigration Law Attorney?
A lawyer would be able to discuss your options with you and determine whether you fall under EB-2 classification. A lawyer can also guide you through the more basic and general immigration laws of this country.
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Last Modified: 04-13-2011 04:35 PM PDT