EB-2 Visas

The applicant is seeking employment in the United States that requires an advanced degree or equivalent. The applicant can meet the requirements with a baccalaureate or foreign equivalent if they have years of progressive experience in the field and the required qualifications.

Applicants must meet all other labor certification requirements as applicable.

• Official academic record showing your U.S. advanced degree or a foreign equivalent degree. 
• Alternatively, an official academic record showing your U.S. baccalaureate degree or a foreign equivalent degree, plus letters from current or former employers proving that you have at least five years of progressive post-baccalaureate work experience in the specialized field.

Note: If a doctoral degree is customarily required, you must have a United States doctorate or foreign equivalent degree.

Alternatively, prove exceptional ability in the sciences, arts, or business. USCIS defines exceptional ability as "a degree of expertise significantly about that ordinarily encountered." 

To prove exceptional ability evidence showing at least three of seven criteria set by USCIS, which may include:

• Official academic record showing the area of learning as it relates to exceptional ability
• Employment letters attesting that the beneficiary has at least ten years of full-time experience
• Professional license to practice or certification
• Recognition for achievements and significant contributions in the particular field
• Professional association membership(s)
• Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
• Other comparable proof of eligibility

You must also satisfy all Labor Certification requirements as applicable.

An NIW is a caveat to undergoing the PERM or Labor Certification process. An NIW fast-tracks applications for individuals who can prove their specialty is in U.S. national interest. NIWs allow an EB-2 applicant to obtain an employment-based green card without an employer.

• The proposed endeavor has both substantial merit and national importance.
  The endeavor has to be significant and impactful. However, national importance does not require a national scope. 
• Be well-positioned to advance the proposed initiative.
• It would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.

Note: An approved application must usually accompany employment-based, second-preference petitions for Permanent Employment Certification from the Department of Labor on ETA Form 9089. However, applicants can request to waive this requirement through a National Interest Waiver petition.

Employers of professional nurses and physical therapists who can show exceptional ability through widespread acclaim and international recognition may submit the petition with an uncertified ETA-9089 for USCIS consideration as Schedule A. See USCIS policy in Volume 6, Part E, Chapter 7, of the USCIS Policy Manual for more information on Schedule A.