EB-2: Professionals Holding Advanced Degrees or Exceptional Ability

The EB-2 visa category is for members of the professions holding advanced degrees. “Advanced degree,” however, does not necessarily mean you must have more education than a bachelor’s degree, as you may be eligible under the EB-2 category if you have a bachelor’s degree combined with at least five years of progressive experience in your field.

The EB-2 is also for foreign nationals with exceptional ability in the arts, sciences, or business, who will substantially benefit the U.S.  Although “exceptional ability” is similar to the “extraordinary ability” requirement in the EB-1 category, it is slightly different. Unlike the EB-1 Category, your employer must have an approved Labor Certification in order for you to pursue permanent residence under the EB-2 category. However, if you fall into one of the occupations listed in “Schedule A” or qualify for a National Interest Waiver, a Labor Certification is not required.

Applications under this and the other employment-based categories must be very detailed and all criteria must be extensively documented. As a result, it is not recommended that you or your employer pursue an employment-based application without the close assistance of an attorney.

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