EB2 visa - advanced degree or exceptional ability

EB2 Visa, Work Based Green Card: Advance Degree or Exceptional Abilities Foreigners

The EB2 visa classification includes: aliens who are “members of the professions holding advanced degrees or their equivalent” and aliens “who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States.”

A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty.

Qualified alien physicians who will be practicing medicine in an area of the United States certified by the Department of Health and Human Services as underserved may also qualify for this classification. Read more about this program.

In order to be classified as having exceptional ability in the sciences, arts, or business, the individual must provide documentation of three of the following:

  • An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;
  • Letters documenting at least ten years of full-time experience in the occupation being sought;
  • A license to practice the profession or certification for a particular profession or occupation;
  • Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;
  • Membership in professional associations;
  • Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.

If the above standards do not apply to the petitioner’s occupation, other comparable evidence of eligibility is also acceptable.

“Helping you to obtain the right visa, when you need it”

When you contact our firm for an initial consultation, we will take the time to educate and explain the immigration laws, regulations and the visa application procedures of the USCIS (U.S. Citizenship and Immigration Services, formerly known as the INS or Immigration and Naturalization Service). As a client, you will work directly with an experienced San Jose immigration attorney who will be able to answer any questions you have and keep you informed and aware of new developments as your case moves forward.

For all of your legal immigration needs, contact the immigration lawyers of Muston & Jack, P.C., at our San Jose or Los Angeles California law offices to schedule an initial consultation.

  • Gabriel Jack helped us apply for an O-1 Visa, when we needed to change visa status and we got it! The documentation required for an O-1 visa is extensive but we managed to complete everything together with Gabriel in about 4 weeks. Gabriel is very professional and knows what is important and he is also easy to talk to and helpful. We are very pleased and will use Gabriel again should there be a need.
    Counrty of Origin Thank you -
  • Gabriel did a good job. He was easy to deal with, returned calls and did what he said he would – nice change from some lawyers I’ve dealt with. My E3 was approved with no trouble at all…and he’s a really nice person, which is a good bonus. Thanks Gabe!!
    Counrty of Origin Many Thanks! -
  • We had previously shopped around for an immigration lawyer, but we went with Gabriel. He was very knowledgeable, friendly, and thorough. He was able to help us to prepare a very detailed interview packet, and we got our E2 visa at the end of the interview.
    Counrty of Origin Successful E2 Visa -
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