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People who want to become immigrants based on employment or a job offer may apply for permanent residence or an immigrant visa abroad.

The applicant will be notified when an immigrant visa number becomes available according to the following preferences:

 

  • First Preference (EB1): Priority Workers, including aliens with extraordinary abilities, outstanding professors and researchers, and certain multinational executives and managers

  • Second Preference (EB2): Members of professions holding an advanced degree or persons of exceptional ability (including individuals seeking a National Interest Waiver)

  • Third Preference (EB3): Skilled Workers, professionals and other qualified workers

  • Fourth Preference (EB4): Certain special immigrants including those in religious vocations

  • Fifth Preference (EB5): Employment creation immigrants (investors or entrepreneurs)

 

EB2 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).  Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.

EB2 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.  You must meet at least three of the criteria below.

EB2 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 national. 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.  You must meet at least three of the criteria below and demonstrate that it is in the national interest that you work permanently in the United States:

 

  • Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability

  • Letters documenting at least 10 years of full-time experience in your occupation 

  • A license to practice your profession or certification for your profession or occupation

  • Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability 

  • Membership in a professional association(s)

  • Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations 

  • Other comparable evidence of eligibility is also acceptable.

 

The US State Department maintain an updated monthly list of the wait times for employment visa applications.  The monthly list of wait times is called the "Visa Bulletin" and can be found on the US State Department website.  The Visa Bulletin will show various dates under each employment visa category (First - Fifth Preference).  The date listed therein is the date in which the applications they are currently processing were filed.

Please  note that once you apply for a EB2 employment visa that such applicant would not qualify for a tourist, business or student visa because such visas require an intent "not" to immigrate to the US.  By filing the EB2 employment visa application you are declaring you have an intent to immigrate to the US and such makes you ineligible to receive a "temporary non-immigrant visa" such as tourist, business or students visas.

EB2 Employment Visa

© US Visa Group

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