Employment Second Preference

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Contents

Overview

Employment Based Second Preference Category for Green Card through employment is for professionals with advanced degrees or persons with exceptional ability which includes:

  • Foreign nationals of exceptional ability in the sciences, arts or business
  • Foreign nationals that are advanced degree professionals
  • Qualified alien physicians who will practice medicine in an area of the U.S. which is underserved. Read more about this particular program.

Eligibility

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.

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:

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.

If the above standards do not apply to the petitioner's occupation, other comparable evidence of eligibility is also acceptable.

Qualifications

Any one of the below can be EB2

  1. US Master's Degree
  2. 4 Yr Bachelor's Degree + 2 Yr Master's Degree
  3. 3 Yr Bachelor's Degree + 3 Yr Master's Degree
  4. 3 Yr Bachelor's Degree + 2 Yr Master's Degree
  5. 3 Yr Bachelor's Degree + 2 Yr Master's Degree + 1 Yr Postgraduate Diploma
  6. 3 Yr Bachelor's Degree + 2 Yr Master's Degree + 5 Yrs of Progressive Experience

Process

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.

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.

EB2 NIW

NIW National Interest Waiver

References

Immigration through Employment

Further Info and Discussions

EB2 India/China GC Approvals Starting Aug 1st 2008

EB2 will be current within a year

EB2 India-China

EB2 more details

India-China GC approvals starting Sept1, 08

India EB2 Dec 03
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