The EB-2 classification includes: foreign nationals who are “Members of the Professions holding Advanced Degrees or their equivalent” and aliens “who because of their Exceptional Ability in the Sciences, Arts, or Business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States.”
A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a US baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty.
Qualified foreign national physicians who will be practicing medicine in an area of the United States certified by the Department of Health and Human Services as underserved may also qualify for this classification.
In order to be classified as having exceptional ability in the sciences, arts, or business, the individual must provide documentation of three of the following:
- 1. An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;
- 2. Letters documenting at least ten years of full-time experience in the occupation being sought;
- 3. A license to practice the profession or certification for a particular profession or occupation;
- 4. Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;
- 5. Membership in professional associations;
- 6. Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.
If the above standards do not apply to the petitioner’s occupation, other comparable evidence of eligibility is also acceptable.
Application Procedures
The I-140 Immigrant Petition for Alien Worker is required. Your employer must file an I-140 Petition on behalf of the foreign worker at the USCIS Service Center that serves the area where you will work.
EB-2 petitions must generally be accompanied by an approved, individual Labor Certification from the U.S. Department of Labor (DOL) on the Form ETA 9089.
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The information on this website is not to be considered legal advice. Such information is intended to educate members of the public generally and is not intended to provide solutions to individual problems. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek advice from an experienced immigration attorney regarding specific case situations.
