Work in the USA via Employment-Based Immigration: Exploring Second Preference EB-2
If you possess an advanced degree or exceptional ability in your field, you may be eligible for an employment-based, second preference visa (EB-2) in the USA.
The EB-2 category offers opportunities for professionals and individuals with extraordinary skills to work in the United States.
Sub-Categories and Requirements
The EB-2 visa encompasses two main sub-categories: Advanced Degree and Exceptional Ability. Each sub-category has specific requirements that applicants must meet to qualify for the visa.
Advanced Degree:
To be eligible under this sub-category, the job you apply for must require an advanced degree, and you must possess such a degree or its foreign equivalent.
Additionally, you should meet any other requirements specified on the labor certification as applicable.
Documentation, such as official academic records demonstrating your advanced degree or foreign equivalent, as well as letters from current or former employers showcasing your progressive work experience in the field, will be required.
Exceptional Ability:
This sub-category targets individuals who can demonstrate exceptional ability in the sciences, arts, or business. Exceptional ability refers to expertise significantly above the ordinary level in the respective fields.
To qualify, you must meet at least three of the criteria specified, which may include official academic records, letters from employers documenting years of experience, professional licenses or certifications, evidence of commanding a substantial salary, memberships in professional associations, and recognition for achievements and contributions in your industry.
Labor Certification and Ability to Pay
Employment-based, second-preference petitions typically require a certified Application for Permanent Employment Certification from the Department of Labor (DOL) on ETA Form 9089.
This certification confirms that there is a shortage of qualified U.S. workers for the position. However, in certain situations, the DOL provides a blanket certification known as Schedule A.
Your employer must also demonstrate the ability to pay the offered wage from the priority date until you obtain lawful permanent residence status.
This can be achieved through various financial documents, and in some cases, a waiver of this requirement can be requested based on national interest.
Types of Labor Certification and Waivers
There are two types of labor certifications applicable to the EB-2 visa: General Permanent Labor Certification and Schedule A Blanket Labor Certification.
The general certification requires employers to obtain a certified Application for Permanent Employment Certification from the DOL before filing Form I-140, Petition for Alien Worker with USCIS.
On the other hand, Schedule A is applicable to those with exceptional ability or specific healthcare professionals, allowing the employer to submit the petition to USCIS with an uncertified ETA Form 9089.
Moreover, individuals may request a National Interest Waiver to waive the labor certification requirement if they can demonstrate that their proposed endeavor holds substantial merit and national importance, they are well positioned to advance the endeavor, and it would be beneficial to the United States to waive the job offer and labor certification.
Family of EB-2 Visa Holders
If your EB-2 visa petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States under E-21 and E-22 immigrant status, respectively.