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Eve Guillergan PLLC
Call now: (212)-279-9020
875 Avenue of the Americas, Suite 17-03; New York, NY 10001; Fax: (212)-202-5064

EB-2 Professionals with Advanced Degrees or Persons with Exceptional Ability

 
The EB-2 classification is open to individuals with exceptional ability in the sciences, arts or business, professionals with advanced degrees and physicians intending to practice medicine in underserved areas.
 

What we do for you

We will start our relationship with an in-depth discussion of your options. In some cases, individuals will have more than one option to obtain U.S. permanent residency. We will let you know what those options are and the various processing times based on our experience so that you can make an informed judgment about your case.

In general, it is best to discuss permanent residency options with an immigration attorney early on in your career in the U.S. You do not wish to wait until the last minute and run out of time on your nonimmigrant visa. Also, if you review the governmental processing times, you will see that may take years for you to get your green card (depending on the route you choose and where you file). Even if you do not hire an attorney to file a green card case for you right now, you can benefit by speaking to one as you can educate yourself on U.S. immigration laws and your options. By starting early, you can also prepare the documents necessary for you to obtain permanent residency in the future.

People applying under the EB2 category first need an approved labor certification. For these individuals, our work begins with the preparation and submission of a labor certification application. This will be either a traditional labor certification or an application asking for reduction in recruitment. Afterwards, we will assist you with the immigrant petition for alien worker and permanent residency for you and your family members.

Individuals who can show that their work is in the U.S. national interest do not need an approved labor certification. Once you retain us for the EB2 national interest waiver case, we will go over the documents that you will need to collect for us. We will discuss the strengths of your case and how to combat any weaknesses. In addition, we will provide you with sample letters of recommendation relevant to your field and review the letters you obtain for your case. We will also prepare a petition for you that will explain to the government how to qualify for the national interest waiver. Our petitions are generally lengthy (about 10-40 pages). After we prepare your petition and file it, we will keep track of it while it is pending with the government.

The process

 
Form I-140, the Petition for Alien Worker, must be filed with the CIS Regional Service Center that has jurisdiction over the location of your employment. Persons filing as professionals with an advanced degree also need to submit a labor certification that has been approved by the U.S. Department of Labor.
 
Individuals with exceptional ability in the sciences, arts or business may apply to waive the labor certification requirement if a waiver would be in the national interest. To apply for this waiver, you apply directly with the USCIS and need to prove that you are substantially more likely than your peers to produce work that is in the national interest.
 

Documents

 
A petition for a foreign national holding an advanced degree can be made when a position requiring an advanced degree becomes available in the US Interested candidates must show that they hold the educational equivalent of a US Master's degree, or in the alternative have a Bachelor's degree and five years of progressively responsible experience in the field or show they are exceptional.
 
If you wish to be classified as having exceptional ability in the sciences, arts, or business, you should intend to provide at least three of the following:
  1. Proof of academic achievement, including diplomas, degrees or certificates from colleges or universities.
  2. Letters that prove you have at least ten years of full-time experience in your field.
  3. A license to practice your profession or certification in your specialty.
  4. Proof that you have received a worthy salary for your services.
  5. Membership in professional associations
  6. Recognition in your field from peers, government officials or organizations.
If you cannot provide documentation of three of these requirements, other documents may suffice.