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EB2 Second Preference Visa 

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EB2 Advanced Degree or Extraordinary Ability

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The EB2 is a second preference classification. This visa requires both a job offer and the employer to sponsor the employee. EB2 additionally requires the employer to have a labor certification approved by the Department of Labor. There are two groups in this category: 

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  • Advanced Degree: the professional either holds an advanced degree or at least five years of experience in the profession

  • Exceptional Ability: the professional has exceptional abilities in the arts, sciences, or business. Exceptional means above ordinary expertise. 

 

Those applying for the EB2 Immigrant Visa under exceptional ability must possess at least three of the criteria below: 

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  • Membership in a professional, recognized association 

  • Recognition of achievement and significant contributions in industry/field by peers, government entities, professional or business organizations

  • License or certification to practice in your profession

  • Evidence of compensation for services that demonstrate exceptional ability 

  • Letters showing a minimum of 10 years of experience in your occupation 

  • Official academic records relating to your area of exceptional ability 

 

National Interest Waiver

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The labor certification and job offer requirement can be waived if the individual’s work is in the national interest. A person applying under the National Interest Waiver may do so on their own behalf. National Interest Waiver Criteria requires the following three items: 

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  • The work has substantial merit and national importance

  • The Professional is in a position to advance the endeavor

  • It is in the benefit of the US to waive the job offer and labor certification requirements. 

 

The family members such as spouses and adult children under the age of 21 may accompany the EB2 worker. In order to start the application process, the employer must file a Form I-140 petition on behalf of the employee. For assistance with the applications, call us today at (713) 909 0752 or email at admin@nslawpllc.com  to set up a consultation.  

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