The second preference among employment-based immigration comprises members of the professions holding advanced degrees or of exceptional ability in the science, arts or business. Classified as EB-2, most people in this category must first obtain an approved labor certification to apply for permanent residency. However, exemption is available and the requirement for an approved labor certification can be waived if the applicant can show that admission is in the “national interest”. Put in another words, the so-called National Interest Waiver refers to the waiver of labor certification in this category.

Two subcategories comprise the EB-2 classification:

A. Members of the Professions Holding Advanced Degrees

People of a profession holding advanced degree is qualified under EB-2. An advanced degree is defined as any degree beyond the baccalaureate. As such, a master’s degree is generally the minimum requirement. As an alternative to the master’s degree requirement, a baccalaureate degree plus five years experience is also treated as the equivalent of a master’s degree.

B. Workers of Exceptional Ability

The Exceptional ability for aliens in science, arts, athletics or business under EB-2 classification may be established if three of the following criteria are met:

a) A degree, diploma, certificate or similar award from a college, university, school or other institutions

b) At least ten years of experience in the occupation;

c) A license or certification for the particular profession or occupation;

d) Evidence that the alien has commanded a salary for services which demonstrates exceptional ability;

e) Membership in professional associations (no requirement that members have outstanding achievements);

f) Recognition for achievements and contributions by peers, government entities, professional or business organizations.

Generally speaking, an EB-2 petition must be accompanied by an approved labor certification. For explanation and discussion about labor certification, please visit that section of immiweb.com. However, exceptions for the requirement are available in the following situations:

A. Physical Therapists and Nurses, Aliens of Exception al Ability in Science or Arts

There is no labor certification requirement for EB-2 physical therapists and nurses if these positions require advanced degrees. Neither is labor certification a necessity for an alien in the fields of science or arts if they meet “Exceptional Ability” Test.

B. National Interest Waiver

Exemption to labor certification is also available for EB-2 petitioners if they can show that admission of the alien is in the national interest. The petition must prove that the alien has an advanced degree or exceptional ability, works in a field that is of national interest, and has the ability to impact the national interest in that field.

It should be noted that under the national interest waiver, the position need not require an advanced degree, the only requirement is that the alien must possess an advanced degree. In addition, the alien can self petition without an employer. For detail explanation and discussion regarding national interest waiver, please visit that section of immiweb.com.

Unless the exemption or waiver to labor certification applies to the applicant, an EB-2 applicant must first obtain an approved labor certification. With the approved labor certification the employer can then file an EB-2 I-140 petition at the INS Regional Service Center having jurisdiction over the place of employment. After the employer’s I-140 petition is approved, the individual applicant can then apply for adjustment of status to the Service Center

In the situation where the applicant applies for National Interest Waiver, the applicant skips the labor certification stage of the application, and files I-140 requesting for national waiver directly. If the NIW application is approved, the applicant can then apply for adjustment of status.

In both of the above applications, the spouse and minor unmarried children of the applicant can be added into and be included in the adjustment of status application.