According to INA § 203(b)(2)(A), the EB-2 category includes:
1. members of the professions holding advanced degrees or their equivalent; or
2. aliens of exceptional ability in the sciences, arts, or business, who will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States
According to INA § 101(a)(32), an advanced degree means a degree above that of a B.A. or B.S., including at least an M.A. However, an advanced degree could include a bachelor’s degree plus 5 years progressive experience in the specialty. Progressive means generally that you are obtaining more complex duties and responsibilities as a function of time. Professionals include architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, colleges, academies, or seminaries.
Evidence of Exceptional Ability
According to 8 C.F.R. 204.5(k)(2), exceptional ability in this employment category means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.
In order to prove exceptional ability, according to 8 C.F.R. 204.5(k)(3)(ii), at least three of the following must be shown:
1. that 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. Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is 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. Evidence of membership in professional associations; or
6. Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
Although a job offer and a labor certification are required in this category, the requirements may be waived if it would be in the national interest to do so. That is, it must be shown that the alien’s coming to the U.S. will have some favorable impact on the culture, economy employment, etc. of the country on a national level. See the section on the national interest waiver for more information.
Do you have questions about this employment-based category, or how to obtain a green card through employment or investment? Please contact a Woodland Hills employment immigration attorney for a consultation so we can help you obtain a green card. In addition to Woodland Hills, we provide immigration attorney services in a variety of other areas, including Agoura Hills, Alhambra, Burbank, Calabasas, Canoga Park, Eagle Rock, Encino, Glendale, La Cañada Flintridge, Los Angeles, Mission Hills, Monterey Park, North Hollywood, Northridge, Pasadena, Reseda , San Fernando , Santa Clarita, Sherman Oaks, Tarzana, Thousand Oaks, Valley Village, Van Nuys, Warner Center, Winnetka, and West Hills. Even if your city is not listed, please don’t hesitate to contact us to see if we can help. Since immigration law is federal, we can help you wherever you live in the United States.