Employment-Based Immigration: Second Preference EB-2

You might qualify for a second preference employment-based visa if you belong to the professional cadre holding an advanced degree or its equivalent, or if you possess exceptional ability. Presented below are the occupational categories and their respective prerequisites: 

Advanced Degree

The position you are seeking must necessitate an advanced degree, and you must hold either this degree or its foreign counterpart (a bachelor's degree or its foreign equivalent, coupled with five years of progressive post-bachelor's work experience in the relevant field). Additionally, you must satisfy any other criteria delineated in the labor certification that are applicable as of the priority date.

 Evidence, such as an official academic transcript demonstrating possession of either a U.S. advanced degree or its foreign equivalent, or an official academic transcript showing possession of either a U.S. bachelor's degree or its foreign equivalent, along with letters from current or former employers verifying at least five years of advancing post-bachelor's work experience in the specialized field. If a doctoral degree is typically necessary, you must possess either a U.S. doctoral degree or its foreign equivalent. 

Exceptional Ability 

You are required to demonstrate exceptional proficiency in the fields of sciences, arts, or business. Exceptional ability denotes a level of expertise significantly surpassing the norm encountered in these domains. You must fulfill any stipulated requirements outlined in the labor certification as applicable. 

You must meet at least three of the 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 from current or former employers 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)
• 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.

Labor Certification and Ability to Pay. Employment-based, second-preference petitions must usually be accompanied by a certified Application for Permanent Employment Certification from the Department of Labor (DOL) on ETA Form 9089, however, DOL provides for a blanket (Schedule A) certification in certain situations. As part of the application process, your employer must be able to demonstrate an ability to pay the offered wage as of the priority date and continuing until you obtain lawful permanent residence status. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage. Finally, you may request a waiver of this requirement in the national interest through the petition filed with USCIS. Because the national interest waiver waives the job offer, you do not need to demonstrate an employer’s ability to pay a wage.

Type or Waiver of Labor Certification

General Permanent Labor Certification: Your employer must obtain a certified Application for Permanent Employment Certification from Department of Labor before filing the Form I-140, Petition for Alien Worker with USCIS.    

Schedule A Blanket Labor Certification: For those with exceptional   ability as defined by the Department of Labor (widespread acclaim and international recognition) or certain professional nurses and physical therapists, the employer submits the petition to USCIS with an uncertified Employment Certification.

National Interest Waiver: Those seeking a national interest waiver are requesting that the job offer, and thus the labor certification, be waived because it is in the interest of the United States. The endeavors that qualify for a national interest waiver are not defined by statute; instead, USCIS considers the 3 factors below.** Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them).

** Factors USCIS Considers for National Interest Waiver

• The proposed endeavor has both substantial merit and national importance.
• You are well positioned to advance the proposed endeavor.
• On balance, it would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification. 

Family of EB-2 Visa Holders 

Upon approval of your I-140 petition, your spouse and unmarried children under the age of 21 may qualify to seek admission to the United States in E-21 and E-22 immigrant status, respectively. 

This is for information purpose only. If you feel you qualify under this section, please contact us and we will be more than happy to discuss your case.