Peter B. Li, Attorney at Law

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EB-2 visas

Two subgroups comprise this category: 1. Professional with advanced degrees; 2. Exceptional ability.

For a second employment-based classification (EB-2) application, a labor certification is required unless the application is accompanied by a request for pre-certification pursuant to Schedule A Group II or a national interest waiver. 

Professionals with advanced degrees
To be eligible for this category, a person must have a degree above a bachelor's or, in the alternative, a bachelor's degree plus five years of "progressive" post-baccarat work experience in a professional. Click here to see Yate memo, entitled "Educational and Experience Requirements for Employment-based Second Preference (EB-2) Immigrants.

 

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Exceptional ability
This classification is limited to those working in the science, arts or business.  Applicants in this category must have an offer of employment, which means obtaining a labor certification unless the labor certification is waivered.

In order to be classified as having exceptional ability in the sciences, arts, or business, 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.
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Clinicians
Qualified alien physicians who will be practicing medicine in an area of the United States certified by the Department of Health and Human Services as underserved may also qualify for this classification.

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Waiver of a labor certification
If you are a worker with exceptional ability in the sciences, arts, or business, you may apply to waive the job offer requirement based on the national interest - NIW.

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Special Recruitment Procedure
If your position is a college or university teaching position, you may qualified for Special Recruitment Procedure.

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