EB2 Visa

Exceptional ability means that you possess “a degree of expertise significantly above that ordinarily encountered in the sciences, art, or business”. To prove that you have such exceptional ability, you will need to provide at least three of the following documentation:

• Official academic records proving that you have a degree, diploma, certificate, or similar award from either a university, college, school, or other higher educational- institution relating specifically to your area of expertise
• Proof that you have at least 10 years of full-time experience within your chosen field
• Proof of your license to practice your profession and/or certification for your occupation or profession
• Substantial evidence that shows that you have been receiving remuneration or salary for services directly relating to your exceptional ability
• Proof of membership in professional associations directly relating to your field of expertise
• Documentation displaying recognition from your peers, government entities, or professionals within the business, of your significant contribution or achievements within your area of expertise
• Any other comparable evidence of your exceptional ability that you think would be applicable

If you believe that you have exceptional ability and that your employment within the United States would greatly benefit the country, you may be able to request that the Labor Certification be waived by applying for an EB2C Visa, national interest waiver.

To convince the United States Citizen and Immigration Services (USCIS) that your exceptional ability will greatly benefit the US and that you should be allowed to immigrate without yet having received a job offer, you must provide evidence of an advanced degree or exceptional ability. You must also provide evidence that you meet the criteria of the national interest waiver, which are as follows:

• Your proposed endeavor has substantial national importance as well as merit
• That you are in a well-positioned advantage point, that you will be able to advance the proposed endeavor
• You will need to provide proof that it would be beneficial to the United States to waive the requirements of the job offer, and therefore the labor certifications

To begin the application process for an EB2A or EB2B Visa, your potential employer must first file Form I-140 (Petition for Alien Worker). With this application, your employer must be able to demonstrate that they will be able to continually pay you the offered wage whilst you are working in the US. To prove that they have the ability to do so, the employer will need to submit a federal tax return, an annual report, or an audited financial statement.

For an employer to be eligible to sponsor a foreign worker on an EB2 Visa, they must first file with the US Department of Labour for Permanent Labor Certification using the Program Electronic Management Review system (PERM). PERM allows a US employer to advocate for an immigrant to travel and live in the US permanently, and the primary goal of this objective is to prove that there is no one in the US who is willing, or capable of providing the intellect or skills that you can bring from Canada. Obtaining this certification can be a lengthy and costly process.

To be eligible for this program they must meet the following requirements:

• They must be able to certify that a suitable job is available in a specialized professional field
• They must be able to show that the job is also available to US workers already in the United States
• They must be able to prove that a foreign worker is required
• They must be able to prove that the pay rate for the job is at the prevailing industry rate

The employer must be able to show that no qualified American workers are willing and/or available for the employment role in question, by going through an extensive recruiting process.

Once your employer has filed this petition on your behalf, it is then a matter of waiting for a priority date, which is when a spot opens up in the Visa Bulletin. Once the space has been opened up, the US embassy or consulate will call you for an interview.

If you are seeking a national interest waiver (EB2C), you can self-petition with form I-140 (Petition for Alien Worker).

Once you have been invited to attend a Visa interview, you’ll be asked to bring along some original documents with you, which may include:

• A passport, that must be valid for at least six months beyond the date that you intend to enter the US
• Confirmation page of Form DS-260 (Immigrant Visa and Alien Registration application)
• A letter from your employer confirming your employment in the US
• Your completed medical examination and proof of vaccination forms
• Two photographs that meet US Visa photograph standards
• Any other relevant immigration documents received after your petition was filed
• Marriage or birth certificates for your dependents

Like all other visa applications, part of the process is to attend an interview at the local US Embassy or Consulate in Canada.

During this interview, you will be sworn in, and have your photo ID checked. You will then be asked a variety of questions regarding your EB2 application, such as information about your background, your qualifications, details about your job offer in the US, and who your employer is.

Any dependents who are also on your visa application must attend an interview as well unless they are a child under the age of 14 years old. If you are attending the interview with your spouse or children, they will be asked questions that are based on proving their relationship with you, such as how long you and your spouse have been married, and details of when and where the children were born. It is best to go prepared and bring your certificate of marriage and birth to support these claims.

Once the immigration official is satisfied with your answers, your visa will be approved.