About EB2 Visa
The term “EB” means “employment-based”, it refers to employment-based immigration application to secure Green Card through acquiring the right to work in the US.
EB2 is applicable to the immigration candidates who are having the Master’s Degree or above (or the Bachelor’s Degree with at least five-year working experience). Most applicants of EB2 are the holders of H-1b in practice. The application for EB2a is same as application for other EB, which require the employer sponsorship in whole course. Employer should submit the application as the applicant while obtaining the labor certificate.
Let’s talk about the requirements for application of EB2 in detail:
First of all, educational requirement
As mentioned at the beginning part of article, the Bachelor Degree and above is a necessary factor. Applicants of Bachelor’s Degree with at least five-year working experience in the Bachelor’s Degree program shall be deemed as having the Bachelor’s Degree and above.
Secondly, occupational requirement
Firstly, the occupation and work content should have relevance with the program you have studied, that is the employer should provide the corresponding job opportunity based on the candidates’ highest degree. Immigration Office will perform a substantial examination to the matching status between the job name and work content to be applied and candidates’ occupation. Our professional lawyer team will design the application plan for you in accordance with your conditions, as well as improve the passing rate of case while considering your actual conditions base on meeting Immigration Office’s requirements.
Employer need to apply for the labor certificate to clarify the matching degree between position and educational degree if you intent to apply for this type of visa. Labor certificate should indicate the educational requirements and prevailing wage applicable to the position, employer should make a payment of remuneration for the candidates not less than the standard wage. Meanwhile, the employer should prove its financial capacity of making a payment of remuneration for the candidates to Immigration Office by providing the documents e.g. annual reports, tax forms etc. to Immigration Office.
Apart from the above-mentioned highest degree, the candidates with exceptional ability may also apply for EB2 if meeting the following requirements;
If the candidates have exceptional ability in the fields of science, art or commerce, or the candidates may make a contribution and energy for the public sectors of the United States e.g. national economy, education and culture, public affairs etc. (National Interest Waiver, NIW), or the job performed by candidates is the position of personnel in short supply in the United States.
As for the consideration on exceptional ability, Immigration Office usually require the candidates to meet any three items in the following six item:
Having the official educational degree, the educational degree and candidates’ exceptional ability should be matching in terms of program;
Capable of proving the candidates have more than ten-year full-time working experience in the relevant fields;
Candidates are having the relevant professional certificates;
Candidates are capable of obtaining the wage apparently higher than others due to their exceptional ability;
Candidates are the members of professional organizations in relevant fields;
Candidates are having the higher achievements than others in relevant fields.
Immigration Office has the discretionary power, it will perform the fact checking to relevant proof and judge whether the candidates are having the “exceptional ability” to support their immigration application.
As for the candidates of applying for the National Interest Waiver (NIW), they can waive the preconditions of requiring employer to provide the job. You are able to file NIW application without needing employer’s sponsorship; or you are able to waive the application for labor certificate if having the employer’s sponsorship for your application. Please click the relevant linkage for searching details on the specific requirements of applying for NIW.
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