EB-2 Employment-Based Immigration

EB-2 is available to qualifying members of the professions holding advanced degrees and individuals of exceptional ability in the sciences, arts or business.

In the traditional employer-sponsored EB-2 process, the case generally begins with a permanent position and Department of Labor labor certification unless an exemption applies.

Advanced Degree Professionals

An applicant may qualify through a U.S. advanced degree or foreign equivalent. A bachelor’s degree followed by at least five years of progressive post-baccalaureate experience in the specialty can also satisfy the regulatory advanced-degree definition in appropriate cases.

The position itself must also fit the requirements of the classification.

Exceptional Ability

Exceptional ability means a degree of expertise significantly above that ordinarily encountered in the sciences, arts or business.

Meeting a minimum evidentiary count does not necessarily end the analysis. USCIS evaluates whether the record actually establishes exceptional ability under the applicable standard.

Employer-Sponsored EB-2

For employers, the immigration strategy needs to coordinate:

the permanent position, minimum job requirements, prevailing wage, recruitment and PERM process where applicable, the worker’s qualifications, Form I-140, and eventual permanent-residence stage.

A mismatch between the position requirements and the worker’s credentials can create problems long before the immigrant petition reaches USCIS.

Explore PERM Labor Certification

Looking for an EB-2 Route Without Traditional Employer Sponsorship?

A National Interest Waiver may allow a qualifying EB-2 applicant to request waiver of the job-offer and labor-certification requirements.

NIW has its own legal standard.