EB-2: Employment 2nd Preference

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Portland, Oregon
        There are three sub-categories under EB-2, they are: EB-2A, Advanced Degree; EB-2B, Exceptional Ability; and EB-3C, National Interest Waiver. EB-2 applicants generally need to apply for Labor Certificate and be sponsored by an employer, except for NIW.

        Advanced Degree: The job must require an advanced degree and the applicant must possess such a degree or its equivalent. An advanced degree generally means above baccalaureate degree, and a baccalaureate degree plus 5 years of progressive post graduation work in the particular field generally equals Maters degree. These shall be proven by official academic record, letter from employer, salary and employment records.
        Exceptional Ability: The applicant must be able to show exceptional ability in sciences, arts, or business. Exceptional Ability means “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” The applicant must meet at least three of the requirements below and demonstrate that he or she should be allowed to work permanently in the United States.
  • Academic Records showing applicant’s degree in the particular field of exceptional ability.
  • Employment records or letter showing at least ten years of experience in the field.
  • License or certificate to practice in the field of exceptional ability.
  • Income or salary record to show exceptional ability and value.
  • Membership in a professional association in the field.
  • Awards and recognition received for applicant’s exception contribution to his to her field by peers, organizations, government, etc.
  • Any other comparable evidence.
        National Interest Waiver: NIW applicants request the U.S. government to waive the Labor Certificate by showing that it is in the interest of U.S. National Interest Waivers are granted to foreign nationals with exceptional ability and their specialty would greatly benefit the United States. Applicants applying under NIW do not need employers to sponsor. They may file the Labor Certificate directly with USCIS with the Form I-140, Petition for Alien Worker. An applicant must meet at least three of above requirements and demonstrate it is in the best interest of the U.S. he or she work permanently here.
        Direct family members of EB-2 applicant, spouse and children under 18, may be admitted into the U.S. under E-21 and E-22 visas. While in the U.S., spouses are eligible to work upon issuance of Employment Authorization Document, and children can go to schools.

        We are focused on immigration law. If you would like to find out whether you are eligible for any kind of EB-2 immigration category, or if you have any question about other immigration matters. Please feel free to schedule a consultation with Mr. Jimmy Namgyal. We look forward to hearing from you!  Contact Us.

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