• Second preference (EB-2) members of the professions consist of:
  
  • Advanced Degreed Professionals; and
  • Alien(s) With "Exceptional Abilities"

Foreign nationals in this category must have an advanced degree (master's degree or better) from a U.S. college or university or its equivalent. However, as a practical matter, such persons have a U.S. masters degree or above, or its educational equivalent. The EB-2 candidate must also be sponsored by his/her employer for a position that requires a U.S. master's degree or its equivalent. Unless the EB-2 candidate can qualify for a National Interest Waiver, (s)he must go through the labor certification process.

Traditionally, a foreign national could rely on a combination of a U.S. bachelor's degree plus five years' experience to qualify for EB-2 status. However, conflicting Immigration and Naturalization Service and U.S. Department of Labor regulations have made this approach more problematic. For more information on this issue, click here.

Top of Page

It is important to note that EB-2 standard here is "exceptional ability" in the sciences, arts, or business rather than "extraordinary ability" as under the EB-1 category. A foreign national of "exceptional ability" is defined as alien possessing a degree and expertise above that normally found in his/her field.

• Persons of exceptional ability in the sciences, arts, or business are required to show at least three of the following:
  
  • An official academic record showing that the applicant has a degree, diploma, certificate, or similar award from a university.
  • Letter(s) from current or former employers showing that the applicant has at least ten years of full time experience in the occupation.
  • A license to practice in the profession or certification for a particular profession or occupation.
  • Evidence that the foreign national has received a high salary or other remuneration that demonstrates exceptional ability.
  • Evidence of membership in professional associations.
  • Recognition for achievements and significant contributions to the industry or field by government entities or professional or business organizations.
  • Other comparable evidence.

Top of Page

A foreign national requesting a green card under the EB-2 category files the Immigration and Naturalization Service's ("INS's") Form I-140 with the INS Service Center that has jurisdiction over the foreign national's place of work. The foreign national can include his/her spouse and dependents under 21 years old on his/her form I-140. For a checklist of information required for an I-140 petition, click here. For information on the INS Service Centers, click here.

Once the I-140 petition is approved and an immigrant visa is available (i.e., there is no backlog of immigrant visas), the sponsoring family member will file an INS Form I-485 to request an adjustment of his/her relative's status from "nonimmigrant" status to "immigrant" status. For a checklist of information required for an employment-based I-485 application, click here.

Approximately 40,000 visas are allocated to the EB-2 category annually plus visas not used in the EB-1 category.

Top of Page