EB-2 Category

The EB-2 immigrant visa category for professionals with advanced degrees and individuals with exceptional ability in the sciences, arts, or business generally requires a job offer and a labor certification issued by the Department of Labor (DOL). The labor certification process exists to protect U.S. workers and the U.S. labor market by ensuring that foreign workers seeking immigrant visa classifications are not displacing qualified U.S. workers.

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Advanced Professional

To qualify for the EB-2 Category – Advanced Professional classification, you must show that you have an advanced degree and your advanced degree must related to the field in which you will be working. You must demonstrate that you meet both requirements by submitting certain evidence to USCIS.

Evidence Required for the EB-2 Category – Advanced Professional

  • Official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or
  • Official academic record showing that you have a U.S. baccalaureate degree, or
  • 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

To qualify for the EB-2 Category – Exceptional Ability classification, you must show that you have exceptional ability in the sciences, arts, or business.  If you meet the minimum threshold requirements, USCIS will then evaluate all the evidence you submitted in its totality to determine whether you have a degree of expertise significantly above that normally encountered in the sciences, arts, or business. The initial evidence must include at least 3 of the 6 types of evidence listed below.

National Interest Waiver

Foreign nationals seeking a National Interest Waiver in the EB-2 Category are requesting that the Labor Certification be waived because it is in the interest of the United States.  Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability and whose employment in the United States would greatly benefit the nation.  Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.

Evidence Required for the EB-2 Category – Exceptional Ability and National Interest Waiver

  • 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(s); or,
  • 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 also may be acceptable.

Additionally for the NIW category, you must also demonstrate that it is in the national interest that you work permanently in the United States.

The immigration attorneys at Allen & Pinnix, P.A. have a long history of representing foreign nationals requesting classification in the EB-2 Category and U.S. employers seeking to hire a foreign national.  We are experienced in and understand the stringent requirements of the DOL for the Labor Certification process.  Remember, when results matter, experience counts!

If you have questions about your eligibility under the EB-2 Category or, if you are an employer seeking to hire a foreign national, we can help.  Schedule a consultation or call our office at 919.755.0505


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