Green Cards

EB2

Q: What is EB-2 status?

Second Preference is an employment-based immigrant classification available to aliens who are members of professions holding advanced degrees or their equivalent, or who demonstrate exceptional ability in the arts, sciences, or business, such that their services will substantially benefit the national economy, cultural, or educational interests or welfare of the United States. EB-2 aliens generally must have a job offer, and their potential employer must complete the Labor Certification process on the alien’s behalf. However, in cases where an alien can demonstrate that his or her entry is in the national interest, the job offer and Labor Certification requirements may be waived.

Q: What are the legal requirements for holders of advanced degrees?

The employer of an alien professional holding an advanced degree may file an I-140 petition on behalf of the employee when the alien’s job so requires an advanced degree. The petition must include documentation, such as an official academic record showing. For the purposes of qualifying for an EB-2 visa, an "advanced degree" is any United States academic or professional degree, or its foreign academic equivalent, higher than the baccalaureate. This includes masters of arts, masters of science, and doctors of philosophy, or baccalaureate degrees plus five years of aggressive experience in a specialty. Note, however, that experience alone may not substitute for a baccalaureate degree.

This category includes, but is not limited to, the following professions: Accountant, Acupuncturist, Administrative Assistant or Executive, Agriculturist/Agronomist, Animal Husbandry, Assistant Marketing Manager, Attorney, Biochemist, Biologist, Chemist, Chiropractor, Clinical Psychologist, Computer Programmer, Contract Specialist, Corrective Therapist, Corporate President, Dietitian, Economist, Engineer (Ceramic, Electrical, Mechanical), Engineering Consultant, Entomologist, Environmental Epidemiologist, Fire Protection Engineering Technician, Fashion Designer, Forester, General Manager, Geneticist, Geophysicist, Graphic Artist, Hotel Manager, Industrial Designer, Interior Designer, Journalist, Librarian, Manager, Business, Marketing Analyst, Marketing Director, Marketing & Management Director, Mathematician, Medical Doctor, Medical Record Librarian, Medical Research Assistant, Medical Technologist, Minister, Nurse, Nutritionist, Orthopedist, Outreach Worker/Social Worker, Pathologist, Pharmacist, Physicist, President, Business, Senior Marketing Specialist, Senior Program Analyst, Software Engineer, Soil Scientist, Surgical Assistant, Systems Analyst, Teacher, Technical Director, Technical Publications Writer, Translator, Veterinarian, Vice-President, Business, Vocational Counselor, and Zoologist.

Q: How can an alien prove he or she has "exceptional ability?"

A: An alien of "exceptional ability" possesses a degree of expertise significantly above that ordinarily encountered in his or her specialty. To qualify for an EB-2 visa based on exceptional ability in the arts, sciences, or business, the alien must provide documentation of three of the following, or other comparable evidence:

  • A degree, diploma, certificate or similar award from a college, university, school, or other educational institution relating to the area of exceptional ability;
  • At least ten years of full-time experience in the occupation;
  • A license to practice the profession or certification for the particular profession or occupation;
  • Past command of a salary or other remuneration for services that demonstrate exceptional ability;
  • Membership in professional associations; or
  • Recognition for achievements and significant contributions to the industry or field by peers, government entities, or professional or business organizations.
Q: What criteria are necessary to obtain a National Interest Waiver?

A: An alien may obtain a waiver from the requirement of a job offer and exemption from the Labor Certification process by demonstrating that his or her admission into the United States is in the national interest. Among factors considered in determining this are whether the alien seeks employment in an area of substantial intrinsic merit, whether the proposed benefit will be national in scope, whether employment of the alien has been requested by an interested United States government agency, or whether employment of the alien will otherwise:

  • Improve the United States economy;
  • Improve wages and working conditions of United States workers;
  • Improve education and training programs for United States children and under qualified workers;
  • Improve health-care;
  • Provide more affordable housing for young, elder, and poorer United States residents; or
  • Improve the United States environment and make more productive use of natural resources.

Contact Information

U.S. Office Address: 
60 East 42nd Street, 46th Floor             New York, NY 10165, USA
Phone: 646 480-5779 x 4652

Taiwan Office Address:                       台灣台北建國北路二段66號7樓
66 Jianguo North Road, Section 2, 7th Floor, Taipei, Taiwan 
Phone: 02 2515 5855

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