Business Immigration Green Card

Eligibility Criteria Categories

You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability. Below are the occupational categories and requirements:

Advanced Degree

  • The job you apply for must require an advanced degree and you must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field).

  • Documentation:

  • Official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, 

  • or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.

Exceptional Ability

  • You must be able to show exceptional ability in the sciences, arts, or business.

  • Exceptional ability: a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.

  • You must meet at least three of the criteria below.

National Interest Waiver
  • National interest waivers are usually granted to those who have exceptional ability (see above) 

  • Whose employment in the United States would greatly benefit the nation.

  • May self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.

  • You must meet at least three of the criteria below 

  • You must demonstrate that it is in the national interest that you work permanently in the United States.

Criteria
  • 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 your area of exceptional ability

  • Letters documenting at least 10 years of full-time experience in your occupation

  • A license to practice your profession or certification for your profession or occupation

  • Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability

  • Membership in a professional association(s)

  • Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations

  • Other comparable evidence of eligibility is also acceptable.

 

EB-2 must generally be accompanied by an approved individual labor certification from the Department of Labor on Form ETA-750. 

 

To qualify for an EB-2 visa, your employer must file a Form I-140, Petition for Alien Worker. 

Family of EB-2 Visa Holders

 

  • Your spouse and children under the age of 21 may be admitted to the United States in E-21 and E-22 immigrant status, respectively. 

  • Your spouse is eligible to file for an Employment Authorization Document (EAD).

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Law Offices of Joseph F. Jacob, PLLC

125 Wolf Road, Ste 309

Albany, NY 12205