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What are the requirements for an EB-2 visa?

If you are an entrepreneur who wants to move to the United States to start a business, then you may be eligible for an employment-based, second preference visa, otherwise known as an EB-2 visa.

One way for you to qualify for an EB-2 visa is to provide documentation of your U.S. advanced degree or a foreign equivalent. You may also be eligible if you provide documentation of a U.S. baccalaureate degree or a foreign equivalent, plus letters from employers to show that you have at least five years of progressive work experience in your specialty.

If you do not meet the advanced-degree requirements, then you may still seek immigrant entrepreneur status by showing that you have exceptional ability in business, the sciences or the arts.

Exceptional ability can be demonstrated by meeting at least three of the following six criteria:

  • Certification or license to practice your profession
  • Letters that document a minimum of 10 years of full-time experience in your field
  • Membership in a professional association
  • Proof that you have received a salary or other compensation that indicates your exceptional ability
  • Documentation showing that your professional work has been recognized by business organizations, government entities or your peers
  • An official academic record of your degree, certificate or similar award that relates to your area of exceptional ability

If you plan to apply for an EB-2, then it is a good idea to have an immigration law attorney review your credentials and help you effectively present evidence of your qualifications. To learn more, please see our section on immigrant entrepreneur visas.

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