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EB-2 Visa for Persons of Exceptional Ability: Who Qualifies?

If your goal is to work and live in the United States permanently, you can apply for a permanent work visa. Although there are five different permanent work visas, the EB-2 visa is one of the most popular. The EB-2 visa is a second preference visa for professions holding an advanced degree (or its equivalent) or having an exceptional ability. Below, our Dallas immigration attorneys break down the qualifications needed to be eligible for an EB-2 visa.

Eligibility Requirements for an EB-2 Visa

At least one of three occupational requirements is needed to be eligible for an EB-2 visa. If you meet one of the eligibility requirements below, you may be able to work and live in the United States permanently.

#1: Advanced Degree

To apply for an EB-2 visa, you must have a work opportunity lined up. The job you apply for must require an advanced degree and you must possess the degree required or its equivalent. In addition, you must have proof of your advanced degree, such as an official academic record showing that you have the U.S. advanced degree or a foreign equivalent.

#2: Exceptional Ability

You can also apply for an EB-2 visa if you are able to prove that you have exceptional ability in the sciences, arts, or business. You have “exceptional ability” if you have a degree of expertise in one of the areas listed above. You can prove that you have exceptional ability in a field by:

  • Showing that you have a degree, diploma, or certificate relating to your area of exceptional ability

  • Letters that document that you have over 10 years of experience in the field

  • A license to practice your profession or certification for your profession or occupation

  • Membership in a professional association(s)

  • Evidence that you have acquired a salary for services that demonstrates your exceptional ability

  • Recognition for your achievements and contributions to your industry or field by your peers, government entities, professional or business organizations

#3: National Interest Waiver

National interest waivers are often granted to those with exceptional ability and whose employment in the United States would greatly benefit the nation. Applicants who go through the National Interest Waiver often forgo the Labor Certification. To qualify for National Interest Waiver, you need to prove that you have exceptional skills that have both substantial merit and national importance.

Other EB-2 Visa Requirements

To qualify for an EB-2 visa, your employer must file a Form I-140, Petition for Alien Worker, unless you are filing for a National Interest Waiver. In addition, your employer will need to prove their ability to pay your wage. To do this, they may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage.

Can My Family Come With Me If I Apply for an EB-2 Visa?

Yes, if your Form I-140 is approved, your spouse and unmarried children (under the age of 21) may be eligible to apply for admission to the United States. They would receive E-21 and E-22 immigrant status.

Dallas Employment Immigration Attorneys

If you want to live and work in the United States permanently, you need an experienced immigration attorney on your side. Our team at Akula & Associates P.C. has helped foreign nationals achieve their employment goals. We work with immigrants and U.S. employers alike to help individuals get the status they need to work in the United States permanently. Our team has the knowledge, skills, and experience needed to help you from start to finish.

Contact our Dallas immigration attorneys today at (844) 299-5003 to schedule a consultation!

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