EB-2 visa

EB-2 immigrant visa is usually granted to individuals who has “exceptional ability,” or hold “advanced degree or its equivalent,” along with foreign labor certification from the department of labor.

Exceptional ability

Under this category, the petitioner needs to show that the beneficiary has exceptional ability in the field of science, arts, or business. Individuals with exceptional ability need to rise significantly above the common group belonging to field of science, arts, or business. The beneficiary has to satisfy at-least three (3) of six (6) criteria listed below:

1. 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 your area of exceptional ability.
2. Letters documenting at least 10 years of full-time experience in your occupation.
3. A license to practice your profession or certification for your profession or occupation.
4. Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability.
5. Membership in a professional association.
6. Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations

*Other comparable evidence of eligibility is also acceptable, when the above criteria is not readily apparent for beneficiary’s field of endeavor in science, arts, or business.

Based on the “totality of the evidence,” submitted by the petitioner, USCIS will adjudicate the petition and render a decision.

Advanced degree or its equivalent

Under this category, the petitioner needs to show that the beneficiary has U.S. advanced degree or foreign equivalent.

                                                   OR

Show that the beneficiary has U.S. bachelor’s degree or foreign equivalent along with letters from former and current employers showing that you have at least five (5) years of “progressive,” post-baccalaureate work experience in the specialty.

 

Determining foreign equivalency: The petitioner need to provide evidence of U.S. advanced degree foreign equivalence of the beneficiary by foreign credential evaluation by a reputed agency in the marketplace. Sometimes complications may arise in situations where the beneficiary has three (3) years of bachelor’s degree instead of four (4) years of U.S. type bachelor’s degree along with sometimes two (2) or three (3) years of Master’s degree in the foreign country. In that situation, the beneficiary may or may not satisfy U.S. advanced degree foreign equivalency depending that person’s fact situation. Please contact a competent attorney to evaluate your case for foreign equivalency purposes.

Another situation in which the petitioner only has U.S. bachelor’s degree or foreign equivalent. Foreign equivalent degree could be sometimes a three (3) year bachelor’s degree and one or two year master’s degree. If the credential evaluation of education comes up to be bachelor’s degree equivalent, then the beneficiary need to have five (5) years of “progressive” (showing improvement in position and workload) experience from the award date of final degree or sometimes provisional degree (it depends on the beneficiary situation).

Foreign credential evaluation of beneficiary years of experience may not be equated to U.S. equivalent bachelor’s degree education and usually not accepted by USCIS.

National Interest Waiver (NIW)- No labor certification required

EB-2 National Interest Waiver (N.I.W.) visa is granted to the individuals who satisfy the following criteria:

“(1) the foreign national’s proposed endeavor has both ‘substantial merit’ and ‘national importance’; (No need to show immediate quantifiable economic benefit to the United States, just ‘potential benefit’ is enough).

(2) that the foreign national is well positioned to advance the proposed endeavor; and

(3) that, on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification.”  Matter of DHANASAR, 26 I&N Dec. 884 (B.I.A., 2016)

There are so many nuances involved in NIW petition, that it would be best to contact an attorney or contact us for an appointment by email or telephone to guide and advise you the best course of action.

Issues with EB-2 filing

Exceptional ability issues: In listed above criteria, there are only six (6) options. In order to use comparable evidence criteria, you need to show that your field of endeavor is slightly different and not suited for the listed criteria. Comparable evidence will not be considered, if the evidence is submitted in lieu of a particular criterion that is readily applicable to the beneficiary’s occupation simply because the beneficiary cannot satisfy that criteria.

Advanced degree issues: Beneficiaries with less than four (4) year bachelor’s degree in the foreign country along with one (1) or two (2) years of master’s degree or distance foreign education face prolonged application scrutiny because of credential evaluation and validating it. Also, sometimes, five (5) years of ‘progressive experience’ need to evaluated when the evidence you have is entirely from your foreign country with fewer options to authenticate it. In these situations, it may prolong the applications, and result in Request For Evidence (R.F.E.), but may not result in denial if the application is provided with all the proper documentation.