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How to Qualify for an EB-2 Employment Visa – 2021 Guide

Many foreign nationals aim at working in the United States for various reasons. To live the “American Dream” and earn the “almighty dollar” are some of such reasons. The good thing is that the Federal Law allows foreigners to work on American soil provided that they have an Employment-based second preference or EB-2 visa.

Having an EB-2 visa allows a foreigner to permanently reside in the US and enjoy almost similar benefits legally bestowed upon natural-born American citizens. However, there are stringent qualifications foreigners must satisfy for the Federal Immigration to issue them with an EB-2 visa.

For these reasons, we have gathered some valuable information that may help you qualify for an EB-2 Visa.

Earn Advanced Degrees

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According to Ashoori law, there are two ways to qualify for an EB-2 visa, and the first one is by having an advanced degree. Interestingly, the US Immigration law has liberally construed the interpretation of this provision.

On the one hand, advanced degrees would mean any graduate or post-baccalaureate degrees. It is very elementary to understand since you just need to finish a master’s or doctorate.

On the other hand, federal immigration law shall also admit five or more years of comprehensive experience in the specialization as a graduate degree.

Therefore, even if you have not finished a master’s degree, you can prove to be an expert based on experience, and you may qualify for an EB-2 visa.

Make sure that the job that you are applying for requires advanced degrees.

Show Exceptional Abilities

The second way to qualify for an EB-2 visa is to prove that you are a professional with exceptional abilities. Of course, that provision does not mean that you have superpowers like laser beam eyes, or you can fly. Instead, you are someone who has accomplishments significantly above compared to the typical professional.

For instance, you are a doctor, lawyer, scientist, therapist, or economist with, at least, national recognition in your field of expertise. In other words, experts in the field of sciences, arts, medicine, law, and business may be eligible for an EB-2 visa.

Fortunately, foreign nationals who have met this qualification may include their wife and children as their accompanying relatives.

Job Offers

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Regardless of having an advanced degree or being an exceptionally gifted professional, you shall not qualify for an EB-2 visa without a legitimate formal job offer. Precisely, you are applying for an employment visa.

This requirement applies specifically to applicants using their advanced degrees as grounds for the visa. This burden shifts to the employer because the company must secure a Labor Certification to the US Department of Labor.

By process, the company must show proof that there is a shortage of qualified Americans on the job. Or to prove that no Americans can fill up the post.

The company must also vouch that the job post is offered to foreign nationals requires at least a master’s degree only then that the Department of Labor shall issue the certification.

Promote their National Interest

Meanwhile, foreign nationals with exceptional abilities must accomplish a National Interest Waiver. This waiver is a testament that their presence in the US would benefit the federal government and its citizens in the future.

Being an exemplary specialist, the US government assumes that you can significantly impact the economy, politics, public health, and any sector. Provided, such impact must be on a national scale.

The Federal State also assumes that your stature of excellence and competence and the valuable contribution to your field can outweigh your potential impact on a single company. For this basis, the law prescribes to waive the labor certification.

You are not a Threat to Americans

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It is a common fact that most governments in the world, if not all, shall protect and prioritize the welfare of their citizens before foreigners. That fact goes the same with the US.

As you noticed, the US Department of Labor shall only issue a certification to companies hiring foreign nationals if they can prove that American candidates are insufficient. Likewise, as an exceptional expert, your contribution must be for the Americans as well. In other words, you have to prove that you are not a threat to their security.

You need to show that you do not take away opportunities from Americans. Likewise, you provide them a clean moral record showing you are not a terrorist or a member of a revolutionary group.

Besides that, you have to prove that you are healthy and fit and not a disease or virus carrier. Hence, you have to undergo a complete and comprehensive medical check-up, physical and mental, to clear yourself of any doubt towards this concern.

Complete Documents

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Indeed, you have to provide documentary evidence to whatever claim you possess that makes you qualified for an EB-2 Visa. The US Immigration has mechanisms to validate the truthfulness and falsity of the claims you made.

Of course, a transcript of records, diploma, and authentication certification may support your advanced degree claim. Moreover, national certifications and recognitions, evidence of work outputs, patents, and related stuff would be your proof to support your exceptional abilities.

Not to mention, the labor certification, job offer, passport, suitable moral certifications, and the sort would always be necessary.

Lastly, to prove your financial capacity to sustain your stay in the US. It includes your bank statement, dollar account, and investment portfolios.

Conclusion

Generally, foreign nationals are welcome to seek career opportunities in the US as long as they have an employment-based second preference visa or EB-2 visa. Professionals with advanced degrees or professionals with exemplary expertise in their field are the primary qualifications for such a visa.

More importantly, a job offer and labor certification can speed up applicants’ approval with graduate degrees. But for highly specialized experts need to sign up for a National Interest Waiver.

Above all, foreign nationals should prove that they are not threats to the Federal State and its citizens in whatever way.

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