Employment-Based Immigration: Second Preference EB-2
You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability. Below are the occupational categories and requirements:
Eligibility Criteria
Sub-Categories | Description | Evidence |
Advanced Degree | The job you apply for must require an advanced degree (Master’s or PhD) or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field). | Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty. |
Exceptional Ability | You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” | You must meet at least three of the criteria below.* |
National Interest Waiver | Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them). | You must demonstrate that it is in the national interest that you work permanently in the United States. |
* Criteria
- Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability.
- Letters documenting at least 10 years of full-time experience in your occupation.
- A license to practice your profession or certification for your profession or occupation.
- Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability.
- Membership in a professional association(s).
- Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations.
- Other comparable evidence of eligibility is also acceptable.