EB-2

visas for Advanced Degrees & Exceptional Ability

A candidate may be eligible for an employment-based, second preference visa if he is a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability.  

Advanced Degree

To qualify under this category:

  • The job must require an advanced degree and the foreign national must possess such a degree or its foreign equivalent

    • (the foreign equivalent is a baccalaureate or foreign equivalent degree plus 5 years of post-baccalaureate, progressive work experience in the field).

    • If a doctoral degree is customarily required, the foreign national must have a United States doctorate or foreign equivalent degree

  • Qualified workers are not available in the United States.

  • Foreign national must meet any other requirements specified on the labor certification.

  • Labor certification and a permanent, full-time job offer are required

Exceptional Ability

To qualify under this category, you must have at least three of the following:

  • 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 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.

You must meet any other requirements specified on the labor certification as applicable.

  • Qualified workers are not available in the United States.

  • Foreign national must meet any other requirements specified on the labor certification.

  • Labor certification and a permanent, full-time job offer are required

What is a Labor Certification?

The labor certification verifies the following:

  • There are insufficient available, qualified, and willing U.S. workers to fill the position being offered at the prevailing wage

  • Hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers

The labor certification is valid only as long as three things remain unchanged: the foreign worker continues to work (1) for the same employer; (2) at the same location; and (3) doing the same job.

Upon receiving an approved labor certification from The Department of Labor, we prepare the immigrant visa petition, which will be signed by the employer and submitted to U.S. Citizenship and Immigration Services along with the approved labor certification. This may be filed concurrently with an Adjustment of Status if a visa is available based on the employee’s country of birth.