EB-2: Exceptional Ability in Sciences, Arts or Business

  • Employer - Required
  • Labor Certification - Required

Aliens who qualify under this classification are the ones "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".

Exceptional ability means having a degree and expertise significantly above that normally found within the field. Here the standard is "exceptional" and NOT "extraordinary" which comes under EB1.

Documents

Following documents must be filed with the petition:

  • Approved labor certification, or a request for a waiver of a job offer because the employment is deemed to be in the national interest, with documentation provided to show that the beneficiary's presence in the U.S. would be in the national interest.
  • Documentation of three of the following:
    • An official academic record showing that 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.
    • Letters from current or former employers showing that the alien has at least 10 years of full-time experience in the occupation for which he/she is being sought;
    • A license to practice the profession or certification for a particular profession or occupation.
    • Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability.
    • Evidence of membership in professional associations.
    • Evidence of recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.

      • If the above standards don't readily apply to the alien's occupation, comparable evidence may be submitted to establish the alien's eligibility.

Procedure
  • Permanent, full time job offer, unless qualified under National Interest Waiver(NIW)
  • Labor Certification(except occupations under Schedule A or if qualified under National Interest Waiver(NIW)). To apply for a NIW, you must still submit Department of Labor ETA 750 Part B. Labor department will review the case for NIW and grant the waiver if appropriate.
  • Form I-140 Petition for Immigrant Worker.
  • When the priority date is current, either Adjustment of Status or Consular Processing.

EB-2: Members of Professions Holding Advanced Degrees

  • Employer - Required
  • Labor Certification - Required

he petition can be filed in this category if the job requires an advanced degree (beyond Bachelor's degree such as Master's degree or Ph.D.) and the alien has such a degree or the equivalent (Bachelor's degree plus five years of progressive experience in the profession. Also called BS+5.) The degree may be from U.S. or equivalent degree from a foreign country. If applying by BS+5, the experience letters from former employers showing that the alien has at least 5 years of progressive experience in the specialty after the Bachelor's degree are required. The experience from the current employer CAN NOT be used unless that experience is for a different job (different job duties, promotion to manager etc.) than for the job for which the petition is being filed.

Please note that merely having an advanced degree or equivalent (BS+5) is not enough to file the petition in EB2, the job must require it. The alien must be working in a professional occupation such as lawyers, doctors, architects, engineers and teachers.

Documents

Following documents must be filed with the petition

  • Approved labor certification, or a request for a waiver of a job offer because the employment is deemed to be in the national interest, with documentation provided to show that the beneficiary's presence in the U.S. would be in the national interest.
  • An official academic record showing that the alien has a U.S. advanced degree or an equivalent foreign degree, or an official academic record showing that the alien has a U.S. bachelor's degree or an equivalent foreign degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-bachelor experience in the specialty.
Procedure
  • Permanent, full time job offer, unless qualified under National Interest Waiver(NIW)
  • Labor Certification(except occupations under Schedule A or if qualified under National Interest Waiver(NIW)). To apply for a NIW, you must still submit Department of Labor ETA 750 Part B. Labor department will review the case for NIW and grant the waiver if appropriate.
  • Form I-140 Petition for Immigrant Worker.
  • When the priority date is current, either Adjustment of Status or Consular Processing.

EB-2 National Interest Waiver

  • Employer - Not required
  • Labor Certification - Not required

An alien may apply for a green card in EB2 category and seek a waiver of the offer of employment and waiver of labor certification by establishing that his/her admission to permanent residence in the U.S. will be in the national interest. Such applications are considered National Interest Waiver or NIW in short.

Since this is an EB2 (employment based second preference) petition, the beneficiary of an NIW must qualify as either an "Advanced Degree Professional" or an "Alien of Exceptional Ability". You just have to qualify for one of those categories. It is unnecessary to send proof of both. In order for NIW case to be considered, this is the minimum requirement and does not guarantee a successful NIW case.

NIW petition can be filed by aliens or can be sponsored through an employer. While NIW petition is pending, the alien may make additional green card application(s) in other categories.

NIW petitions are very popular among Ph.D. students, researchers, post doctoral research fellows and other advanced degree professionals. You can apply for NIW petition even if you are on F1 status, as NIW does not require a specific offer of employment.

Your priority date is the date USCIS receives your petition. Even though it takes around 6 months to one year to process an NIW case, time duration for an individual case may vary considerably.