EB-2 Professionals with Advanced Degrees or Persons with Exceptional
The EB-2 classification is open to individuals with exceptional ability
in the sciences, arts or business, professionals with advanced degrees
and physicians intending to practice medicine in underserved areas.
What we do for you
We will start our relationship with an in-depth discussion of your options. In some cases,
individuals will have more than one option to obtain U.S. permanent residency. We will
let you know what those options are and the various processing times based on our
experience so that you can make an informed judgment about your case.
In general, it is best to discuss permanent residency options with an immigration attorney
early on in your career in the U.S. You do not wish to wait until the last minute and run
out of time on your nonimmigrant visa. Also, if you review the governmental processing
times, you will see that may take years for you to get your green card (depending on the
route you choose and where you file). Even if you do not hire an attorney to file a green
card case for you right now, you can benefit by speaking to one as you can educate
yourself on U.S. immigration laws and your options. By starting early, you can also
prepare the documents necessary for you to obtain permanent residency in the future.
People applying under the EB2 category first need an approved labor certification. For
these individuals, our work begins with the preparation and submission of a labor
certification application. This will be either a traditional labor certification or an
application asking for reduction in recruitment. Afterwards, we will assist you with the
immigrant petition for alien worker and permanent residency for you and your family
Individuals who can show that their work is in the U.S. national interest do not need an
approved labor certification. Once you retain us for the EB2 national interest waiver
case, we will go over the documents that you will need to collect for us. We will discuss
the strengths of your case and how to combat any weaknesses. In addition, we will
provide you with sample letters of recommendation relevant to your field and review the
letters you obtain for your case. We will also prepare a petition for you that will explain
to the government how to qualify for the national interest waiver. Our petitions are
generally lengthy (about 10-40 pages). After we prepare your petition and file it, we will
keep track of it while it is pending with the government.
Form I-140, the Petition for Alien Worker, must be filed with the
CIS Regional Service Center that has jurisdiction over the location of
your employment. Persons filing as professionals with an advanced degree
also need to submit a labor certification that has been
approved by the U.S. Department of Labor.
Individuals with exceptional ability in the sciences, arts or business
may apply to waive the labor certification requirement if a waiver would
be in the national interest. To apply for this waiver, you apply directly with the USCIS and need to prove that you are substantially
more likely than your peers to produce work that is in the national interest.
A petition for a foreign national holding an advanced degree can
be made when a position requiring an advanced degree becomes available
in the US Interested candidates must show that they hold the educational
equivalent of a US Master's degree, or in the alternative have a Bachelor's
degree and five years of progressively responsible experience in the field
or show they are exceptional.
If you wish to be classified as having exceptional ability in the
sciences, arts, or business, you should intend to provide at least three
of the following:
If you cannot provide documentation of three of these requirements,
other documents may suffice.
- Proof of academic achievement, including diplomas, degrees
or certificates from colleges or universities.
- Letters that prove you have at least ten years of full-time
experience in your field.
- A license to practice your profession or certification in your
- Proof that you have received a worthy salary for your services.
- Membership in professional associations
- Recognition in your field from peers, government officials