EB-2 Visa Information and resources from Martin Lawler
Martin Lawler, What is the EB-2 Visa?
The EB-2 Visa stands for the employment-based, second preference visa and it is an option for a foreign national who holds an advanced degree from a United States university or from a foreign equivalent university. In order to be considered an advanced degree It must be a masters degree or above in what is considered a “profession.” To be considered a profession the degree has to be a career oriented skill such as architecture, medicine, research, computer engineering, other forms of engineering, nursing, etc. The EB-2 visa is also available for foreign candidates who have a bachelors degree in a profession and also have a minimum of 5 years in their field. The 5 year minimum work experience has to pertain specifically to their degree and field of study.
You must provide evidence that you are a holder of an advanced degree upon application for the EB-2 visa. To do this you will need documentation like an official academic record from your university that you have graduated with the equivalent degrees of bachelors, masters, or P.H.D. which ever applies to your particular application. If you are a bachelor’s degree holder then you will also have to show letters from your current and previous employers that prove that you have the minimum requirement of at least 5 years of work experience in your particular field of study.
The EB-2 Visa also is available for foreign nationals who can prove that they have exceptional ability. The options for what are considered exceptional ability are in the categories of the sciences, the arts, or in business. The exceptional ability opportunity is defined by the United States Citizenship and Immigration Services Department as, exceptional ability, “means a degree of expertise significantly above that which is ordinarily encountered in the sciences, arts, or business.”
How do I know that I can qualify for exceptional ability for the EB-2 Visa Martin Lawler?
Martin Lawler indicates that according to the USCIS website you have to meet one of the following criteria to be understood as a foreign national with exceptional ability worthy of the EB-2 Visa.
- 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.
Martin Lawler also indicated that the application for the EB-2 Visa most often need to be included with an approved labor certification from the department of labor. This is filed under form ETA-750. Independent of the ETA-750 form the employer, also known as the petitioner, of the EB-2 visa must also submit a Form I-140, Petition for Alien Worker form. Martin Lawler has more in depth information about the Form I-140 application process on his site the Martin Lawler EB-2 Visa blog.
What happens if I get approved of my EB-2 Visa Martin Lawler? Can my family also qualify for permanent residence in the United States?
The United States Citizenship and Immigration Services Department allows your spouse and your immediate children who are also under the age of 21 years old to qualify for permanent residence in the United States of America, if your EB-2 visa was approved by the United States Citizenship and Immigration Services Department.
What if I don’t qualify for an EB-2 visa are their other options for me Martin Lawler?
Yes! Especially for entrepreneurs and investors who are interested in working in the United States. Please watch my video on the E-2 Visa below: