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Advanced Degree Professional (EB2)

Individuals who are members of the professions with advanced degrees (any degree above a baccalaureate degree or a baccalaureate degree and at least 5 years progressive experience in the professions) may seek classification in the EB2-1 visa category. The combination of a baccalaureate degree with 5 years experience in the professions is deemed equivalent to a Master's degree. If a doctoral degree is required for the particular profession, the alien must possess the doctoral degree.

Aliens of Exceptional Ability (EB2-2) are held to be at a lower standard than the first priority aliens of extraordinary ability. Exceptional ability is defined as a level of expertise above that ordinarily encountered in the sciences, arts or business. In order to qualify for the EB2-2 visa category, the alien must meet specific CIS criteria.

Prior to filing the immigrant visa petition with the Immigration and Naturalization Service (CIS) for either category, the alien must first obtain a labor certification from the U.S. Department of Labor. A labor certification is a test of the U.S. labor market to determine whether minimally qualified U.S. workers are available and willing to the job in question. Only upon approval of a labor certification application proving that no minimally qualified U.S. workers who available and willing to do the job) may an alien file the immigrant visa petition with CIS in either the EB2-1 or EB2-2 categories.

Upon approval of the immigrant visa petition, the individual and his/her spouse and children under 21 years of age may apply for their immigrant visas either through adjustment of status in the United States or through consular processing at a U.S. Consulate outside of the United States. Both the EB2-1 and EB2-2 categories provide for a waiver of the job offer requirement if it can be established that such a waiver would be in the national interest of the United States

Summary of requirements

  • Advance degree or exceptional ability;
  • A Job offer (With respect to the Advance degree the job offer must require the advance degree; and,
  • Labor Certification (With the exception of the National Interest Waiver).

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