CORPORATE> Visas Categories

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  • EB1-1
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• Summary

EB2-1 EB2-2:

As for EB2-1 (professionals with advanced degrees) and EB2-2 (aliens of exceptional ability) visas, the process for filing and application involves obtaining Labor Certification to determine whether or not there are United States workers available that are minimally qualified for the position. Labor certification is issued by the U.S. Department of Labor for a specific position, and the employer must conduct recruitment, as directed by the Department of Labor. Under current rules, internal posting of the actual salary offered for the position, a recruitment advertisement placed in a professional publication or newspaper, and nationwide advertising conducted by the Department of Labor's Job Service are required.

Upon approval of the Labor Certification, the employer may file an immigrant visa petition. However, if a minimally qualified United States worker is available and willing to accept the position, then no labor certification can be granted. And without a labor certification, no immigrant visa petition can be filed. Individuals who are members of the professions and who hold advanced degrees may seek classification in the EB2-1 immigrant visa category. An individual who holds a baccalaureate degree and has at least five years progressive experience in the professions may also be eligible for this classification. Individuals, who possess exceptional ability, defined by the CIS as "...a level of expertise above that normally encountered in the sciences, arts or business..." may seek classification in the EB2-2 category.

For more information on the EB2 visas, please click here.