EB-2 Professionals with Advanced Degrees or Persons with Exceptional Ability (Back)

• This second employment-based path to immigrant status/permanent residency is available to foreign nationals who are "members of the    professions holding advanced degrees or their equivalent" and those "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 U.S. 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 alien 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:

• 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;
• Letters documenting at least ten years of full-time experience in the occupation 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;
• Membership in professional associations;
• 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.

EB-2 petitions must generally be accompanied by an approved, individual labor certification from the U.S. Department of Labor.

If you are a worker with exceptional ability in the sciences, arts, or business, you may apply to waive the requirement that you have a job offer if such a waiver would be in the national interest.