EB-2 Visas for Persons with Exceptional Ability or Professionals with Advanced Degrees

The San Francisco immigration department lawyers at Luscutoff, Lendormy & Associates have a solid success rate with EB-2 visa petitions. The EB-2 visa classification contains two subcategories: (1) members of professions holding advanced degrees; and (2) aliens of exceptional ability. An employment based EB-2 visa is placed in the second preference category.

Because of special provisions in U.S. law, this EB-2 visa category also includes: (a) physicians intending to practice medicine in underserved areas of the United States and (b) Soviet scientists. These two special classes are examples of how the US visa system is both logical and political at the same time! That said, U.S. laws in areas such as tax and immigration are designed and shaped to promote social, political, economic and other goals of the U.S. Congress.

Apart from the politics, as a general rule, a Labor Certification is typically required for an EB-2 visa. If the employment position, however, falls in one or more special categories (“Schedule A”) then a labor certification will not be required. So-called “Schedule ‘A’ positions” include foreign nationals ranging from those with exceptional abilities in the arts and sciences, to those who are physical therapists and professional nurses.

Visa allotments can change from year to year. Each year the second preference category of EB visas is allocated a certain number of visas. Any EB visa quota not used in the first EB visa preference category, i.e. the EB-1 visas, will be made available, quota wise, to EB-2.

None of these EB-2 visas are issued without a careful petition and supporting details; and there are only a limited number of EB-2 visas available. Luscutoff, Lendormy & Associates constantly monitors the stream of data from USCIS on the remaining quota of visas in this category and for other visa categories.