EB-2 Eligibility and Filing
The EB-2 classification includes: aliens who are "members
of the professions holding advanced degrees or their equivalent"
and aliens "who because of their exceptional ability in
the sciences, arts, or business will substantially benefit the
national economy, cultural, or educational interests or welfare
of the United States."
A petition for a foreign professional holding an advanced degree
may be filed when the job requires an advanced degree (beyond
the baccalaureate) and the alien possesses such a degree or the
equivalent. The petition must include documentation, such as an
official academic record showing that the alien has a U.S. advanced
degree or a foreign equivalent degree, or an official academic
record showing that the alien has a U.S. baccalaureate degree
or a foreign equivalent degree and letters from current or former
employers showing that the alien has at least 5 years of progressive
post-baccalaureate experience in the specialty.
Qualified alien physicians who
will be practicing medicine in an area of the United States certified
by the Department of Health and Human Services as underserved
may also qualify for this classification. Read
more about this program.
In order to be classified as having exceptional ability in
the sciences, arts, or business, the individual must provide
documentation of three of the following:
- An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;
- Letters documenting at least ten years of full-time experience in the occupation being sought;
- A license to practice the profession or certification for a particular profession or occupation;
- Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;
- Membership in professional associations;
- Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.
If the above standards do not apply to the petitioner's occupation, other comparable evidence of eligibility is also acceptable.
Application Procedures
USCIS Form I-140 Petition
for Alien Worker is required. Your employer must file
a USCIS Form I-140 (Petition for Alien Worker) at the USCIS Regional
Service Center that serves the area where you will work.
EB-2 petitions must generally be accompanied by an approved, individual
labor certification from the Department of Labor on Form ETA-750.
Please see the Department
of Labor's Employment and Training Administration for more information.
If you are a worker with exceptional ability in the sciences,
arts, or business, you may apply to waive the requirement that
you have a job offer if such a waiver would be in the national
interest. To apply for a national interest waiver, you must submit
Department of Labor Form ETA-750B. Please see the Department
of Labor's Employment and Training Administration for more information.
Forms are available by calling 1-800-870-3676, or by submitting a request
through our forms by mail system. For further information on filing fees, please see USCIS filing fees, fee waiver request procedures, and the USCIS fee waiver policy memo. Please click here for more information on USCIS offices.
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