EMPLOYMENT-BASED IMMIGRANT VISA- SECOND PREFERENCE
Members of professions holding an advanced degree or equivalent or foreign nationals who have exceptional ability may qualify for an employment-based, second preference.
Eligibility under the Advanced Degree
The proffered position in the United States requires an advanced degree or its equivalent or a combination of a baccalaureate degree plus five years of progressive work experience in the field. Proof of an official academic record to show that you hold a U.S. advanced degree (or a foreign equivalent degree) or proof of an official academic showing that you have a U.S. baccalaureate degree or a foreign equivalent degree along with the employer’s (current or former) to show that you have at least five years of progressive post-baccalaureate work experience in the specialty.
Eligibility under the Exceptional Ability
The exceptional ability must be in the field of sciences, arts, or business. Such ability generally relates to a level of expertise that is substantially above the level that is customarily found in these fields. You must meet at least three of the criteria listed below:
- National Interest Waiver
- Foreign nationals with exceptional ability whose proffered employment is to benefit the nation (proof that the position is in the United States’ national interest) may solicit a national interest waiver by requesting to have the Labor Certification waived. This can be done by self-petitioning as no employer’s sponsorship is required. The foreign national may file the Labor
- Certification with USCIS directly along with Form I-140. The foreign national must meet at least three of the criteria listed below:
- Membership in a professional association
- License or certification required to practice in your profession or occupation
- Proof of salary or other remuneration commensurate to the services of exceptional ability
- Proof of recognition of achievements and/or contributions within your industry or field by governmental companies, professional organizations, and peers
- Letters which demonstrate the provision of at least 10 years of full-time experience in your occupation
- Proof of earning an academic degree, certificate, or similar record from a university, college, school, or other institution of learning in your area of exceptional ability
- Proof of comparable evidence demonstrating exceptional ability
For more information, please see https://www.uscis.gov/working-united-states/temporary-nonimmigrant-workers
At Scott Global Migration Law Group, we provide solutions to your visa needs.
©Scott Global Migration Law Group, 2017