The EB-2 category includes two distinct classifications of aliens: (1) Aliens who are members of professions holding advanced degrees or their equivalent and, (2) aliens who because of their exceptional ability in the sciences, art or business will substantially benefit the national economy, cultural or educational interests or the welfare of the United States.

Foreign National Holding Advanced Degree

In order to qualify as holding an advanced degree, foreign national must hold either a U.S. academic or professional degree or a foreign equivalent degree above that of a baccalaureate. Alternatively, the combination of five years of experience in a given profession combined with a baccalaureate has been determined to be equivalent to obtainment of a Masters degree. However, in certain professions a Ph.D. may be required and equivalent work experience may not be utilized.

Foreign Nationals Demonstrating Exceptional Ability in the Sciences, Arts or Business

In order to qualify under this category the foreign national must demonstrate a level of expertise significantly higher than what would ordinarily be encountered in the sciences, arts or business. In order to qualify under this category, the foreign national must provide documentation of three of the following:

• 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;
• Letters documenting at least ten years of full-time experience in the occupation being sought;
• A license to practice the profession or certification for a particular profession or occupation;
• Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;
• Membership in professional associations;
• Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.

It must be noted that if the aforementioned documentation is not applicable, other comparable evidence of eligibility may be acceptable including expert opinion letters.

If you are in need of an attorney experienced in filing in the second preference category of employment-based immigration and would like to arrange for a consultation via telephone, email, internet phone or in person, please contact Colombo, Hurd, & Brandt, PL today for your consultation at 1 (800) 549-5523.