What’s is EB2 employment visa?
- The EB-2 employment visa is an immigrant visa which allows foreign nationals holding an advanced degree to obtain residency in the U.S. You must be a foreign national who:
- Is a member of the professions holding advanced degrees or their equivalent; or
- Because of your exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the U.S.
Who can qualify for EB2 employment visa?
- The various categories under the EB-2 Employment based immigrant visa are:
- EB-2(A): This category is for foreign nationals professionals with an ‘advanced degrees’ (masters degree or higher) and with a job offer from a U.S. company
- EB-2(B): This category is for foreign nationals with ‘exceptional ability’ in the sciences, business or arts and with a job offer from a U.S. company
- EB-2(C) – National Interest Waiver (NIW): This category is for foreign nationals with exceptional ability, or an advanced degree, who can show that their activities will substantially benefit the U.S. national interest
What is “Advance Degree”?
- “Advanced degree” means any U.S. academic or professional degree or a foreign equivalent degree above that of baccalaureate. A U.S. baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master’s degree. If a doctoral degree is customarily required by the specialty, you must possess a U.S. doctorate or a foreign equivalent degree.
- Your EB-2 petition for a professional holding an ‘advanced degree’ must be accompanied by an official academic record showing that you have either a:
- S. advanced degree or a foreign equivalent degree; or
- S. baccalaureate degree or a foreign equivalent degree, and evidence in the form of letters from current or former employer(s) showing that you have at least five years of progressive post-baccalaureate experience in the specialty
What is “Exceptional Ability”?
“Exceptional ability” means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.
- Your EB-2 petition for an alien of ‘exceptional ability’ in the sciences, arts, or business, must be accompanied by at least three of the following:
- An 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 the area of exceptional ability
- Evidence in the form of letter(s) from current or former employer(s) showing that you have at least ten years of full-time experience in the occupation for which you are being sought
- A license to practice the profession or certification for a particular profession or occupation
- Evidence that you have commanded a salary, or other remuneration for services, which demonstrate exceptional ability
- Evidence of membership in professional associations
- Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations
What’s is Permanent Labor Certificate Program (PERM)?
- A Labor Certificate is the first step to apply for an Employment-based Second and Third Priority EB(2) and EB(3) except for petition under the NIW category. Before the U.S. employer can submit an immigration petition to the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS), the employer must obtain an approved labor certification request from the DOL’s Employment and Training Administration (ETA). The DOL must certify to the USCIS that there are no qualified U.S. workers able, willing, qualified and available to accept the job at the prevailing wage for that occupation in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
What must the proposed position be like?
- The job opportunity must be for a full time, permanent position.
- There must be a bona fide job opening available to U.S. workers.
- Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the foreign worker’s qualifications.
- The employer must pay at least the prevailing wage for the occupation in the area of intended employment.
What are the prefiling recruitment steps?
- The employer must recruit under the standards for professional occupations set forth in 20 CFR 656.17(e)(1) if the occupation involved is on the list of occupations, published in Appendix A to the preamble of the final PERM regulation. For all other occupations not normally requiring a bachelor’s or higher degree, employers can simply recruit under the requirements for nonprofessional occupations at 20 CFR 656.17(e)(2) Although the occupation involved in a labor certification application may be a nonprofessional occupation, the regulations do not prohibit employers from conducting more recruitment than is specified for such occupations.
What if you gained most of your experience required for the PERM from the same US sponsoring employer?