EB-2

You may be eligible for the 2nd preference of employment-based immigration, if you are a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability.

 

Advanced Degree

1. Requirements: The job you apply for must require an advanced degree and you must possess that degree or its equivalent (a baccalaureate degree plus at least 5 years of progressive work experience in the field).

2. How to apply: Please see "Overview / PERM (LC)".

3. Evidence needed: Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.

 

Exceptional Ability

1. Requirements: You must have an exceptional ability in sciences, arts, or business.  Exceptional ability means a degree of expertise significantly above that ordinarily encountered in the field.

2. How to apply: Please see "Overview / PERM (LC)".

3. Evidence needed: You must meet at least 3 of 7 criteria below.

----- Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability.

----- Letters documenting at least 10 years of full-time experience in your occupation.

----- A license to practice your profession or certification for your profession or occupation.

----- Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability.

----- Membership in a professional association.

----- Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations.

----- Other comparable evidence of eligibility is also acceptable.

 

NIW (National Interest Waiver)

1. Requirements: NIW means you are requesting that the LC requirement be waived because it is in the national interest of the U.S.  NIW is usually granted to those who have "exceptional ability" (please see above) and whose employment in the U.S. would greatly benefit the nation.

2. How to apply: You can file a Form I-140, Immigrant Petition for Alien Worker, for yourself (self-petition).  You do not need a prospective employer, job offer, or an LC.

3. Evidence needed: You must meet at least 3 of 7 criteria below, AND demonstrate that it is in the national interest that you work permanently in the U.S.

----- Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability.

----- Letters documenting at least 10 years of full-time experience in your occupation.

----- A license to practice your profession or certification for your profession or occupation.

----- Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability.

----- Membership in a professional association.

----- Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations.

----- Other comparable evidence of eligibility is also acceptable.

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