EB-2 Professionals/Advanced Degree Holders

The second employment preference is for ‘Professionals holding advanced degrees (or equivalent) and aliens of exceptional ability in the arts, sciences or business’. There are 40,000 visas available for this category.

 

EB-2 Professionals/Advanced Degree Holders

‘Advanced degree’ means a US degree or a foreign degree equivalent to a US degree above that of a baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in this specialty shall be considered the equivalent to a master’s degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate degree or a foreign equivalent degree.

‘Exceptional ability in the sciences, arts or business’ means a degree of expertise significantly above that ordinarily encountered in the sciences, arts or business. Exceptional ability is a very high standard, but is less than that of ‘extraordinary ability’ found in the ‘priority worker’ category, thus a degree by itself is not enough.

Unlike the EB-1 category, the EB-2 category requires an employer and a labor certification. There is however an exception to this rule. If the alien’s job is deemed to be “in the national interest” of the United States there is a “waiver” of the labor certification requirement. Obtaining this waiver is beneficial because the processing times will be greatly reduced.

For more information, please read about National Interest Waivers.

 

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