EB2-1 and EB2-2 Visas (for foreign professionals with advanced degrees and of exceptional ability)
Foreign
professionals with advanced degrees and those with exceptional
ability may qualify for EB2 visas. EB2-1
classification can be obtained by foreign nationals, who are
members of the professions and who hold advanced degrees, including
a person who holds a baccalaureate degree and has at least five
years progressive experience in the profession. EB2-2 is available
for individuals who possess “exceptional ability”
in the sciences, arts or business.
To
obtain an EB2-1 and EB2-2 visa, the
employer must file a labor certification with the U.S. Department
of Labor, showing that there are no United States workers available
that are qualified for the specific position applied for. The
employer must conduct recruitment as directed by the Department
of Labor. The recruitment process includes the posting a advertisement
in a professional or major publication. It must be noted that
if a minimally qualified United States worker has applied for
the position the labor certification would not be granted.
Once
the Labor Certification is approved by the Department of Labor,
the employer may file an immigrant visa petition with the US
Citizenship and Immigration Service (CIS). Upon the approval
of the visa petition, the foreign national may obtain the visa
at the U.S. consulate abroad.
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