The Employment Based Second Preference (EB2)
Employer & Labor Certification required unless in the National Interest

This immigrant visa category is for "members of the professions holding advanced degrees," and "aliens of exceptional ability."

Members of the Professions Holding Advanced Degrees
Employer and Labor Certification Required

INS defines an advanced degree as a professional or academic degree, given by a U.S. institution, beyond that of a baccalaureate. A foreign degree from an overseas institution may also be acceptable if the INS determines it to be equivalent to a U.S. degree.

After the baccalaureate degree five years of employment experience, involving incremental responsibility in the profession, may be used in place of the advanced degree to qualify for the second preference category. This is provided the position requires the advanced degree.

In this EB2 category, the applicant must have a job offer in the profession for which s/he is academically prepared. The employer must obtain appropriate "labor certification (LC)" from the U.S. Department of Labor.

The LC must indicate that the position offered is one that requires the advanced degree to perform the job. If the profession as a rule requires a doctoral degree, the job offer and the credentials of the applicant must indicate/reflect it.

Aliens of Exceptional Ability in the Sciences, Arts, or Business Employer and Labor Certification Required

INS has specified "exceptional ability" in the sciences, arts, or business as "a degree of expertise significantly above that ordinarily encountered." To prove such exceptional ability, the INS regulations propose submitting at least three of these kinds of documentation :

• A license to practice the profession or certification for a particular profession or occupation

• Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which s/he is being sought

• 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

• Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability

• Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.

• Evidence of membership in professional associations. Here, the applicant must have a job offer in the profession for which s/he is academically prepared.

The employer must obtain a permanent labor certification (LC) from the Department of Labor. The LC must indicate that the position offered requires the advanced degree to perform the job duties.

National Interest Waiver
Employer and Labor Certification not Required

The national interest waiver (NIW) involves a standard higher than that required to establish a prospective national benefit. Since there are no criteria specifically outlined in the law as to what constitutes national interest waiver, seven factors have been suggested.