EB-2 is the second preference category of employment-based Green Card petitions.  To petition under EB-2, foreign workers must be Members of Professions Holding Advanced Degrees or Aliens of Exceptional Ability. A job offer from a U.S. employer and the labor certification process is required for an EB-2 petition (unless the foreigner seeks a National Interest Waiver).

EB-2 Members of Professions Holding Advanced Degrees

An employer may sponsor an employee who have an Advanced Degree.  An Advanced Degree is (1) a U.S. Masters degree or foreign equivalent OR (2) a U.S. Bachelors degree or foreign equivalent plus 5 years of progressive, post-degree work experience. Progressive, post-degree work experience means “progress, moves forward and advances toward increasingly complex or responsible duties.”

Watch the below video to learn more to learn more about EB-2 Advanced Degrees and read our blog.

EB-2 Aliens of Exceptional Ability 

Aliens with Exceptional Ability have a “degree of expertise significantly above that ordinarily encountered in the sciences, arts or business.” The work of such foreigners is expected to substantially benefit the national economy, cultural or educational interests or welfare of the U.S. An advanced degree is not required from the foreigner; they must, however, have a “degree of expertise.”

To prove that a foreigner has “exceptional ability” or expertise that is significantly above others, he or she must provide at least three of the below evidence:

  1. Degree in their field
  2. At least 10 years of work experience
  3. A professional license
  4. A high salary
  5. Membership in a professional association
  6. Recognition from peers

EB-2 National Interest Waiver

Foreigners with an Advanced Degree or an Exceptional Ability may seek to waive the requirements of a job offer by a U.S. employer and the labor certification process.  This is known as a “National Interest Waiver.” If the foreigner is granted this waiver, he or she may self-petition for a Green Card.  To be eligible for such a waiver, the foreigner must prove that his unique work will benefit the U.S.

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