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EB-2B Individuals with Exceptional Ability

The second employment-based preference covers aliens with advanced degrees in professional fields and aliens of exceptional ability in the sciences, arts, or business.

There are three features of EB-2
1. Subject to labor certification requirement. If the job offer is waived by the USCIS in the national interest, the alien is not subjected to the labor certification requirement.

2. Allotted about 40,000 annual visas, plus any visas unused in the first employment-based preference.

3. Immediate family member can also immigrate with the employment-based immigration. No separate immigration visa petition is required.

Professionals who have advanced degrees (Master's degree or higher, or equivalent) for a position that requires an advanced degree. If the profession requires a degree higher than a master, the alien must have that degree.

Bachelor's degree + 5 years of progressive experience can be considered to be equivalent of a Master's degree.If Ph.D. is required for a position, applicant cannot use experience.

The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty

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