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.
