EB-2 (Employment-Based 2nd Preference) Overview & EB2 Green Card

Introduction

EB-2 covers foreign nationals with an advanced degree in a professional field or exceptional ability in the sciences, arts, or business.

This category requires a job offer and labor certification unless USCIS waives them in the national interest. About 40,000 visas issue each year, plus numbers unused in the first preference.

Requirements of “Advanced Degree “

To establish an advanced degree, the foreign national must submit an official academic record showing that:

1. Advanced Degree: The foreign national holds a United States advanced degree (above a bachelor's) or a foreign equivalent; OR
2. Baccalaureate Degree plus Five Year Progressive Experience in the Specialty: The foreign national holds a United States baccalaureate degree or a foreign equivalent, plus letters from current or former employers showing at least five years of progressive, post-baccalaureate experience in the specialty. USCIS policy requires the underlying labor certification to state the employer's minimum requirements as either a bachelor's degree and five years of experience or a master's degree. If the labor certification does not specify those alternatives, USCIS will not treat a bachelor's degree and five years of experience as equivalent to a master's degree.

Supplemental Statement: If the experience requirement on the labor certification application is unclear as to these two elements, adjudicators may ask the petitioner for a “plain-English explanation“ of the required experience. A supplemental statement may establish each of the following elements:

1. the employer requires post-baccalaureate job experience;
2. the required experience must be progressive — that is, it must reflect increasing levels of responsibility and knowledge in the specialty; and
3. the employer requires that experience to perform the position's duties adequately.

The statement should be an affidavit from someone at the petitioning company who knows the position's minimum qualifications. The instructions allow adjudicators to infer that highly technical positions are progressive because those industries change constantly. Adjudicators may still require evidence of progressive experience in a particular case, even for a high-tech position.

Requirements of “Exceptional Ability“

The second group in the second employment-based preference covers aliens with exceptional ability in the sciences, arts, or business, which requires expertise above that ordinarily encountered in the field.

Degree or Certificate is not sufficient: USCIS provides that a degree, diploma, certificate, or similar award from a college, university, school, or other institution is not by itself sufficient evidence of exceptional ability, nor is a license or certificate to practice a profession or occupation.

Evidence of Exceptional Ability: To establish exceptional ability in the sciences, arts, or business, the foreign national must document at least three of the following:

1. an official academic record showing a degree, diploma, certificate, or similar award, in the area of exceptional ability, from a college, university, school, or other institution of learning
2. letters from current or former employers showing at least 10 years of full-time experience in the occupation.
3. a license or certification to practice the profession or occupation.
4. evidence that the foreign national has commanded a salary or other remuneration demonstrating exceptional ability.
5. evidence of membership in a professional association OR
6. evidence of recognition from peers, governmental entities, or professional or business organizations for significant contributions to the industry or field.

USCIS has stated that it will consider comparable evidence appropriate to the application if the foreign national cannot provide the types of proof listed above. Athletes may also qualify as aliens of exceptional ability in the arts for the second employment-based preference.

Petition

Under USCIS rules, the petition must be accompanied by

1. the evidence establishing exceptional ability from the list above
2. a labor certification approved by the Department of Labor or documentation to establish that the foreign national qualifies for Schedule A (a labor certification is not required if the job offer requirement is waived), and
3. documentation supporting the waiver of a job offer, if a waiver is requested.

Healthcare workers

Requirements of certification: Some healthcare workers seeking EB-2 classification must meet special certification requirements, which currently apply only to nurses, physical and occupational therapists, speech-language pathologists, medical technologists and technicians, and physician assistants. Certification is required whether the foreign national trained in the United States or abroad. Most of these workers seeking an immigrant visa or adjustment of status will be EB-2 advanced-degree professionals or EB-3 professionals/skilled workers.

A foreign medical degree: A foreign medical degree may qualify as the equivalent of a U.S. M.D. degree if several conditions are met when the labor certification application is filed. The immigrant must establish that he or she:

1. has been awarded a foreign medical degree from a medical school that requires applicants to hold a bachelor's degree equivalent to a U.S. bachelor's degree for admission
2. has been awarded a foreign medical degree, supported by a foreign education credential evaluation showing it is equivalent to a medical degree from an accredited U.S. medical school, or
3. has been awarded a foreign medical degree and has passed the National Board of Medical Examiners Examination (NBMEE) or an equivalent examination, such as Steps 1, 2, and 3 of the U.S. Medical Licensing Examination (USMLE).