EB-2 VISA EXCEPTIONAL ABILITY
ELIGIBILITY FOR EB-2 VISA:
In general, in order to be eligible for a Second Preference Employment Based classification you will need a labor certification and meet the following basic criteria:
Advanced Degree: Possess and advance degree or the equivalent, which is a baccalaureate degree plus five years of progressive work experience in the field.
Exceptional Ability: Be able to show exceptional ability in sciences, art or business.
National Interest Waiver – you are requesting that the labor certification be waived because it is in the interest of the United States and you qualify under the exceptional ability criteria. You can self-petition.
HOW TO APPLY
To begin the petition process for the EB-2 Visa the employer must:
- Complete the Form I-140, Petition for a Nonimmigrant Worker: Refer to Form I-140 instructions for further details.
- Submit the Filing Fee(s): Include the appropriate filing fee with the petition (including the biometrics fee if applicable).
- Submit Evidence: Collect the necessary documents to show your eligibility.
- Sign and File the Form I-140: File the application at the correct filing location according to form instructions.
WHAT HAPPENS AFTER YOU APPLY
Once USCIS receives your Form I-140 for the EB-2 Visa, we will process your application and then you will receive:
- A receipt notice of your Form I-140, Petition for Nonimmigrant Worker,
- A written notice of a decision.
Note: Once your petition is approved, and your priority date is current, you can apply to become a Lawful Permanent Resident. You can do this by either filing a Form I-485 or applying through the consulate.
If you are outside of United States you would apply through the consulate. This method is called consular processing).
If you are in the United States, and you are in legal status, then you can apply to adjust status. If your petition is denied, please follow the instructions provided on the notice.