Advanced Degree or Exceptional Ability
by Admin
Posted on 11-10-2023 12:41 PM
The eb2 employment based green card is for individuals who are members of the professions with advanced degrees (any degree above a baccalaureate degree or a baccalaureate degree and at least 5 years progressive experience in the professions) or who have exceptional ability in the sciences, arts, or business who will substantially benefit the united states. The combination of a baccalaureate degree with 5 years experience in the professions is deemed equivalent to a master’s degree.
If a doctoral degree is required for the particular profession, the alien must possess the doctoral degree. In order to obtain permanent residency through the eb2 category, the applicant must have an employer willing to sponsor him or her through perm labor certification.
Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability letters from current or former employers documenting at least 10 years of full-time experience in your occupation a license to practice your profession or certification for your profession or occupation evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability membership in a professional association(s) recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations other comparable evidence of eligibility is also acceptable.
Letters documenting at least 10 years of full-time experience in your occupation 8 cfr 204. 5(k)(2) (k) aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. 204. 5(k)(1) (1) any united states employer may file a petition on form i-140 for classification of an alien under section 203(b)(2) of the act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the united states pursuant to section 203(b)(2)(b) of the act, then the alien, or anyone in the alien’s behalf, may be the petitioner.
Evidence for Advanced Degree
In order to qualify for an eb-2 green card, the job you are applying for must require an advanced degree, you must possess such a degree or its equivalent, and you must have the required work experience.
Evidence required:
documentation such an official academic record showing that you have a usa advanced degree or a foreign equivalent degree, or an official academic record showing that you have a usa baccalaureate degree or a foreign equivalent degree
letters from current or former employers showing that you have a minimum of five years of post-baccalaureate work experience in the specialty.
In order to establish that the foreign person has advanced degree, the foreign person must submit the official academic record showing that: advanced degree:the foreign person has received a united states advanced degree ( degrees above a bachelors) or a foreign equivalent degree; or baccalaureate degree plus five year progressive experience in the specialty:the foreign person has received a united states baccalaureate degree or a foreign equivalent degree and evidence in a form of letters from current or former employers stating that the foreign person has at least five years of progressive, post-baccalaureate experience in the specialty. The uscis has established a policy that the labor certification on which the preference petition is based must establish the employer's minimum requirements as a bachelor's degree and five years of experience or a master's degree.
Advanced degree – position you are seeking must require an advanced degree, or its equivalent (a baccalaureate degree plus 5 years progressive experience in the field), which you possess. Exceptional ability – must be able to show exceptional ability in sciences, arts, business, medicine, or athletics. Exceptional ability means significantly above that normally encountered. Evidence requires 3 of 7 uscis criteria (such as academic records, licenses, letters documenting experience, professional association memberships, recognition in your field, exceptional salary, etc. )national interest waiver (niw) – someone seeking a niw is requesting the labor certification be waived because it is in the interest of the u.
In determining whether a person is of exceptional ability under the eb2 category, the possession of a degree or license does not, by itself, constitute sufficient evidence of such ability. The person must satisfy 3 of 6 criteria listed in the regulations. You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. ” you must meet any requirements specified on the labor certification as applicable. If these criteria do not readily apply to the person’s occupation, their employer may submit comparable evidence to establish that they are a person of exceptional ability.
Proof of at least 10 years of full-time working experience. Official record of academic qualification – degree, diploma, or any other certificate of value. License or certification to practice your profession. Proof that you are recognized in your profession – awards and prizes. Proof that you’re a member of professional associations in your profession. Proof that you earn a moderate salary for your level of ability any other comparable evidence of your exceptional ability.