The employment-based 2nd preference category is for aliens who are members of the professions holding advanced degrees, or aliens of exceptional ability.

Advanced degree means any United States academic or professional degree or a foreign equivalent degree above the baccalaureate. The United States Baccalaureate degree or a foreign equivalent degree followed by at least five (5) years of progressive experience in a specialty occupation shall be considered the equivalent of a master's degree. (General EB-2 application with PERM Labor Certification for positions requires advanced degree )

Exceptional ability in the sciences, arts, or business means a level of expertise significantly above that ordinarily encountered in the sciences, arts, or business. Profession means one of the occupations listed in Section 101(a) (32) of the Act, as well as any occupation for which a United States baccalaureate degree or its foreign equivalent is the minimum requirement for entry into the occupation. The regulations set forth the type of documentation needed to establish that the alien has the requisite degree or that the alien is of exceptional ability in the sciences, arts, or business. ( NIW Petition which waives certified labor certification )

PERM versus NIW : Every petition under this classification must be accompanied by an individual labor certification from the Department of Labor. However, USCIS may exempt the requirement of a job offer, and thus of a labor certification, for aliens of exceptional ability in the sciences, arts, or business if such an exemption would be in the national interest. To apply for this exemption, the alien must submit significant evidence to support the claim that such exemption would be in the national interest.

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.

Individual who is applying for NIW category must provide documentation of three of the following:

1. 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;

2. Letters documenting at least ten years of full-time experience in the occupation being sought;

3. A license to practice the profession or certification for a particular profession or occupation;

4. Evidence that the alien has commanded a salary or other remuneration for services, which demonstrates exceptional ability;

5. Membership in professional associations;

6. Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.

Application Procedures

A. For PERM applicants:

EB-2 petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor through PERM application.

I-140 Petition for Alien Worker is required. Your employer must file a I-140 (Petition for Alien Worker) at the USCIS Service Center that serves the area where you will work.

B. For NIW applicants:

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 Form ETA-750B.