Second Preference: Advanced Degree Professionals and Aliens of Exceptional Ability (EB-2)

Every year, 40,000 visas are available under the second preference, which is open to: (a) aliens of exceptional ability in the sciences, arts or business; and (b) members of the professions, if they hold an advanced degree (or the equivalent.) Labor certification or national interest waiver is required.

The US employer must obtain a labor certification first to establish that there are no available US workers and the alien’s immigration will not adversely affect the wages and working conditions in the US. In lieu of a labor certification, the US employer may obtain a national interest waiver which may be granted based on the following factors:

–            Alien’s employment is in an area that has substantial inherent value;

–            Benefit of alien’s employment is national in scope;

–            National benefit outweighs national interest in requiring labor certification.

Special national interest waiver rules apply to physicians who are willing to work full-time for 5 years in medically underserved areas.

(a) Advanced degree professionals

To be considered a member of the professions holding advanced degrees, it must show two elements: (1) the position to be filed must require a member of the professions (architects, engineers, lawyers, physicians, surgeons and teachers in elementary or secondary schools, colleges, academies, or seminaries, etc.) with an advanced degree or the equivalent, meaning, a bachelor’s degree plus at least 5 years of progressive experience in the specialty.

(b) Aliens of exceptional ability

Aliens of exceptional ability must submit at least 3 of the following documentation on the field of exceptional ability:

–            Official academic record;

–            Employer statement showing at least 10 years of full-time experience in the field;

–            License or certification for professional practice;

–            Salary or other compensation for services commensurate with that of a professional;

–            Membership in professional associations;

–            Recognition by peers or government or professional entities.