Area of Law: USA Travel and Immigration
Answer # 1060
Exceptional ability & advanced degree EB-2 Green Card
Region: Ontario Answer # 1060What are EB-2 Green Cards
The Exceptional Ability and Advanced Degree EB-2 Green Cards are two types of the USA category of visas called employment-based, second preference visas.
Exceptional Ability EB-2 Green Cards
If you are applying for the Exceptional Ability EB-2 Green Card, 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.”
Evidence required:
- Official academic record showing that you have training in your area of exceptional ability
- Letters proving 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 obtained a salary or other remuneration for services that demonstrate your exceptional ability
- Membership in a professional association
- Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
- Other types of similar evidence is accepted
Advanced Degree EB-2 Green Cards
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
Families of EB-2 Visa holders
Spouses and children under the age of 21 can accompany the visa holder to the USA. If the EB-2 visa holder and the spouse are also applying for permanent residence status (green cards), the spouse may apply for an Employment Authorization Document in order to be able to work in the USA while the green card application is being processed.
How to apply
In order to apply for an EB-2 visa, your employer must file a Form I-140, called a Petition for Alien Worker. In addition, the EB-2 application must usually be accompanied by an individual labour certification from the Department of Labor on Form ETA-750.
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