EB-2 second preference visas are available to foreign nationals who have exceptional abilities or who hold an advanced U.S. degree or its foreign equivalent. According to U.S. Citizenship and Immigration Services, the specific eligibility requirements depend on whether the foreign national intends to qualify as a person with exceptional abilities or as an individual with an advanced degree. In certain cases, foreign nationals may qualify for a national interest waiver if their employment in the United States would greatly benefit the nation.

Visa Application

If you have questions about employment-based visas, contact The O’Brien Law Group. Rusty O’Brien is an employment visa lawyer in Louisville who will evaluate your case to determine if you or a foreign national whom you intend to sponsor may qualify for the EB-2 visa.

Mr. O’Brien will help you gather the necessary documentation to prove eligibility and avoid mistakes during the petition process that would delay your application or lead to a denial. Call 502-400-7890 today to schedule a consultation.

Eligibility Requirements for the EB-2 Visa

As previously stated, there are three subcategories of EB-2 visas:

  • Advanced degree;
  • Exceptional ability; and
  • National interest waiver.

Read on to learn the eligibility requirements of each EB-2 visa subcategory:

Advanced Degree

If you intend to obtain an EB-2 visa as a foreign national with an advanced degree, then the job for which you apply must require an advanced degree, and you must possess that degree or a foreign equivalent. You may also qualify under this subcategory if you have a baccalaureate degree and five years of work experience in that particular field.

To prove that you qualify under this subcategory, you will need to show your official academic record to demonstrate that you have a U.S. advanced degree or a foreign equivalent. Alternatively, you may qualify if your academic record shows that you have a U.S. baccalaureate degree or a foreign equivalent, and you also provide a letter from former or current employers to prove that you have five years of progressive experience in that field.

Exceptional Ability

Foreign nationals who wish to obtain an EB-2 visa under this subcategory must show exceptional ability in business, the arts or sciences.

National Interest Waiver

In certain situations, the Labor Certification may be waived because employing a foreign national in the United States would greatly benefit the nation. Foreign nationals can self-petition for national interest waivers, which means that an employer does not need to petition on the foreign national’s behalf. If you would like to self-petition for a national interest waiver, you must file a Labor Certification directly with USCIS, which should accompany your Form I-140, Petition for Alien Worker.

If you would like to sponsor a foreign national for an EB-2 second preference visa, or if you would like to apply for a national interest waiver, contact The O’Brien Law Group. Rusty O’Brien is an immigration attorney in Louisville who will answer your questions and guide you through the visa petition process. Call 502-400-7890 today to schedule a consultation.

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