EB-2 Advanced Degrees / Exceptional Ability

Under EB-2 classification holders of advanced degrees, persons with exceptional abilities in the sciences, arts, or business may apply for a work based green card. Under certain circumstances a National Interest Waiver may also be available as discussed below.

Holders of Advanced degrees

When applying under this category the Petitioner that is the U.S. employer, must show that the job requires an advanced degree and that the Beneficiary, you in this case, possesses such a degree or its equivalent. The degree required must be higher than a baccalaureate or the Beneficiary would need to show that he has a baccalaureate degree plus 5 years progressive work experience in the field.

Exceptional Ability

When applying under this category the Petitioner that is the U.S. employer must show that the Beneficiary has exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” To show this, the Beneficiary must meet at least three of the below criteria:

  1. Academic records showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
  2. Letters documenting at least 10 years of full-time experience in the field;
  3. License to practice the profession or certification for the profession or occupation;
  4. Evidence of high salary or other remuneration for services that demonstrates exceptional ability
  5. Membership in a professional association(s)
  6. Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations
  7. Other comparable evidence of eligibility is also acceptable.

National Interest Waiver

When applying under this waiver the alien essentially is seeking that the Labor Certification requirement be waived because it is in the interest of the United States. The jobs that qualify for a national interest waiver are not defined by statute and the national interest waivers are usually granted to those who have exceptional ability, as discussed above, and whose employment in the United States would greatly benefit the national interest. The benefit of the waiver is that the alien may self-petition (that is they will not need an employer to sponsor them) and may file their labor certification directly with USCIS.

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