EB Immigration Second preference

Alien employees may be eligible for an employment-based, second preference visa if they are a member of the professions holding advanced degree or its equivalent, or a foreign national who has exceptional ability.

Sub-categories of EB-2

1. Advanced Degree
2. Exceptional Ability
3. National Interest Waiver

Eligibility Criteria for Advanced Degree

The job that the alien employee applies for must require an advanced degree and the alien must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field).

Evidence to be submitted:

Documentation, such as an official academic record showing that you have an 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.

Eligibility Criteria for 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”

Evidence to be submitted:

You must show that you meet at least three of the criteria below:

1. 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.
2. Letters documenting at least ten years of full time experience in your occupation.
3. A license to practice your profession or certification for your profession or occupation.
4. Evidence that you have commanded a salary or other remuneration for services that demonstrate your exceptional ability.
5. Membership in professional association(s).
6. Recognition for your achievements and significant contribution to your industry or field by your peers, government entities, professional or business organizations.
7. Other comparable evidence of eligibility is also acceptable.

Employment based second-preference petition must generally be accompanied by an approved individual labor certification from the department of labor.

National Interest Waiver

Aliens seeking a national interest waiver (NIW) are requesting that the Labor Certification be waived because it is in the interest of the United States. Jobs that qualify for a NIW are not defined by statute, NIWs are usually granted to those who have exceptional ability and whose employment in the U.S. would generally benefit the nation.

NIW applicants may self-petition and may file their labor certification directly with USCIS along with their form I-140, petition for alien worker.

You must meet three of the criteria listed above for Exceptional Ability.

Evidence to be submitted:

NIW candidates must show that, if granted permanent residence they will substantially and prospectively benefit the national economy, culture or educational interest or welfare of the U.S. Candidates should also show that they will continue to work in the field or expertise presented in the petition.

A waiver is considered to be in the national interest if the petitioner can establish:

1. The alien’s employment is in an area that has substantial intrinsic merit;
2. The waiver request is not based solely on local labor shortage, but rather the proposed benefit to be provided will be national in scope;
3. It must be demonstrated that the national interest would be adversely affected if the employer is required to proceed with the labor certification process.

EB-2 FAQs