Individuals who are members of the professions with advanced
degrees (any degree above a baccalaureate degree or a
baccalaureate degree and at least 5 years progressive
experience in the professions) may seek classification in the
EB2-1 visa category.
The combination of a baccalaureate degree with 5 years
experience in the professions is deemed equivalent to a Master's
degree. If a doctoral degree is required for the particular
profession, the alien must possess the doctoral degree.
Aliens of Exceptional Ability (EB2-2) are held to be at a lower
standard than the first priority aliens of extraordinary ability.
Exceptional ability is defined as a level of expertise above that
ordinarily encountered in the sciences, arts or business. In order
to qualify for the EB2-2 visa category, the alien must meet specific
Prior to filing the immigrant visa petition with the Immigration and
Naturalization Service (USCIS) for either category, the alien must
first obtain a labor certification from the U.S. Department of Labor.
A labor certification is a test of the U.S. labor market to determine
whether minimally qualified U.S. workers are available and willing
to the job in question.
Only upon approval of a labor certification application proving that
no minimally qualified U.S. workers who available and willing to do
the job) may an alien file the immigrant visa petition with USCIS in
either the EB2-1 or EB2-2 categories.
Upon approval of the immigrant visa petition, the individual and
his/her spouse and children under 21 years of age may apply for
their immigrant visas either through adjustment of status in the
United States or through consular processing at a U.S. Consulate
outside of the United States.
Both the EB2-1 and EB2-2 categories provide for a waiver of the
job offer requirement if it can be established that such a waiver
would be in the national interest of the United States.
SUMMARY OF REQUIREMENTS:
- Advance degree or exceptional ability;
- A Job offer (With respect to the Advance degree the job
offer must require the advance degree; and,
- Labor Certification (With the exception of the National
BOGLE & CHANG, LLC
Copyright © 2010 Bogle & Chang, LLC. All Rights Reserved.
EB2(2): Advanced Degree Professionals; Exceptional Ability