6. What is the definition of ‘exceptional ability’ for EB-2 Employment based immigrant visa?
‘Exceptional ability’ means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.
7. What evidence must I provide as EB-2 alien of ‘exceptional ability’ in the sciences, arts or business?
Your EB-2 petition for an alien of ‘exceptional ability’ in the sciences, arts, or business, must be accompanied by at least three of the following:
- An 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 the area of exceptional ability
- Evidence in the form of letter(s) from current or former employer(s) showing that you have at least ten years of full-time experience in the occupation for which you are being sought
- A license to practice the profession or certification for a particular profession or occupation
- Evidence that you have commanded a salary, or other remuneration for services, which demonstrate exceptional ability
- Evidence of membership in professional associations
- Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations
8. What evidence must I provide as EB-2 professional holding an ‘advanced degree’?
Your EB-2 petition for a professional holding an ‘advanced degree’ must be accompanied by an official academic record showing that you have either a:
- U.S. advanced degree or a foreign equivalent degree; or
- U.S. baccalaureate degree or a foreign equivalent degree, and evidence in the form of letters from current or former employer(s) showing that you have at least five years of progressive post baccalaureate experience in the specialty
9. Do I need to have a job offer to apply for EB-2 Employment based immigrant visa?
EB-2 foreign nationals generally must have a job offer. Your potential employer must complete the Labor Certification process on your behalf. However, if you can demonstrate that your entry is in the National Interest, the job offer and Labor Certification requirements may be waived.
10. Can I bring my dependants into the U.S. on EB-2 immigrant visa?
Yes, upon approval of your Form I-140, Immigrant Petition for Alien Worker, your spouse and children under 21 years of age may apply for immigrant visas through Adjustment of Status in the U.S. or through consular processing at a U.S. consulate outside the U.S.