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 and you must possess such a degree 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. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the nation. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker. You must meet at least three of the criteria below* and demonstrate that it is in the national interest that you work permanently in the United States.

 

EB-2 category is the most tricky one because a wide range of occupations qualify for one of the categories, thus USCIS and Department of Labor take their time to closely scrutinize the applications.

Please read more information about the National Interest Waiver requirement here. Recently the USCIS has been adjudicating the NIW cases very quickly.  We specialize on getting NIW green cards for the researchers and other workers of large international organizations, especially those around the Washington, DC area.

Please read more information on Labor Certification here. The PERM (Permanent) Labor Cert is probably one of the most complicated and time-consuming employment-based immigration processes out there.

Please contact us with any questions. We are always available for a detailed or brief phone or in-person consultation.