EB-2 Visas for Professionals with Advanced Degrees or Exceptional Ability
E-B2 Visas enable professionals with advanced degrees or exceptional ability to immigrate to the United States based on their employment qualifications. The Law Offices of KahBo Dye-Chiew assists clients seeking this type of second preference visa.
Advanced Degree applicants
Based on United States Citizenship Immigration Services (USCIS) standards, your attorney must show that you have the following:
- Master's degree or its equivalent, such as a bachelor’s degree plus five years work experience in the field
- Evidence of the master's or bachelor’s degree through academic records
- Evidence from former or current employers of five years of progressive work experience in the field of the degree
Exceptional ability
Your professional immigration lawyer must show that you have exceptional ability in the sciences, arts, or business that is significantly above the ordinary as demonstrated by three of the following in your field of ability:
- Official academic record—a degree, diploma, or certificate from a college, university, or learning institution
- Letters documenting ten years of full-time occupational experience
- Salary commensurate with your exceptional ability
- Membership in a professional association(s)
- Achievement recognition for your significant contributions by peers, government entities, or business organizations
Persons applying for EB-2 Visas must have a job offer, obtain a labor certification, and include the certification with their petition submission.
National interest waiver
As your visa attorney in Hawaii can explain, persons of exceptional abilities or with advanced degrees who meet national waiver requirements can self-petition, do not have to obtain a labor certification, and do not need a job offer. If individuals show evidence of three of these criteria in their field, the USCIS deems their waiver is in the national interest:
- Official academic record (degree, diploma, certificate, or similar award)
- Letters documenting ten years of full-time occupational experience
- Professional license or certification
- Salary commensurate with exceptional ability
- Membership in professional association(s)
- Achievement recognition for significant contributions by peers, government entities, or business organizations
Physicians may also self-petition for a national interest waiver if they have worked five years in a designated health professional shortage area, Veterans Administration (VA) hospital, or federal or state government-determined public interest area.
New Initiative for entrepreneurs
On August 2, 2011, the White House announced new initiatives for entrepreneurs who would create jobs in the U.S. economy. Please see attached Q&A issued by the U.S. Citizenship and Immigration Service describing how entrepreneurs may be eligible for EB-2 Visa classification.
