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Albany, New York 12205
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
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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).
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Documentation:
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Official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree,
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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
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You must be able to show exceptional ability in the sciences, arts, or business.
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Exceptional ability: a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.
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You must meet at least three of the criteria below.
National Interest Waiver
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National interest waivers are usually granted to those who have exceptional ability (see above)
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Whose employment in the United States would greatly benefit the nation.
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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.
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You must meet at least three of the criteria below
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You must demonstrate that it is in the national interest that you work permanently in the United States.
Criteria
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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
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Letters documenting at least 10 years of full-time experience in your occupation
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A license to practice your profession or certification for your profession or occupation
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Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
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Membership in a professional association(s)
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Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
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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
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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.
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Your spouse is eligible to file for an Employment Authorization Document (EAD).
CONTACT US
Please fill out the form below or call us at (518) 472-0230.
Law Offices of Joseph F. Jacob, PLLC
125 Wolf Road, Ste 309
Albany, NY 12205