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, bachelor’s degree and five years of progressive work experience, or a foreign national who has an 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. |
For the Advanced Degree and the Exceptional Ability sub-category under EB-2 preference category, it requires a permanent labor certification to be issued by the U.S. Department of Labor (DOL) allowing an employer to hire a foreign worker to work permanently in the United States. In most instances, before the U.S. employer can submit an immigration petition to the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS), the employer must obtain a certified labor certification application from the DOL’s Employment and Training Administration (ETA). The DOL must certify to the USCIS that there are not sufficient U.S. workers able, willing, qualified and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
DOL processes Applications for Permanent Employment Certification, ETA Form 9089, with the exception of Schedule A Group I and Group II and Sheepherder applications. The date the labor certification application is received by the DOL is known as the filing date and is used by USCIS and the Department of State as the “priority date”. After the labor certification application is certified by DOL, it should be submitted to the appropriate USCIS Service Center with a Form I-140, Immigrant Petition for Alien Worker. The certification has a validity period of 180-days and expires if not submitted to USCIS within this period.
** Exceptional Ability sub-category Criteria (at least three of the criteria below).
- 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.
Our law firm has a strong experience in handling all sub-categories of EB-1, EB-2 and EB-3 immigration petitions, please contact us today to discuss if you will qualify for EB-1, EB-2 or EB-3.