(2) EMPLOYMENT SECOND PREFERENCE – EB-2

Professionals holding advanced degrees, or persons of exceptional ability in arts, sciences or business: All second preference applicants require an approved I-140 visa petition. There are two sub groups within this preference category:

a)

Professionals holding an advanced degree (beyond a bachelors degree) or a bachelors degree and at least 5 years progressive experience in the profession.

b)

Persons with exceptional ability in the arts, sciences, or business. Exceptional ability means having a degree and expertise significantly above that normally found within the field. Here the standard is "exceptional" and NOT "extraordinary" which comes under EB-1.

Evidences of exceptional ability include following (should provide three of them):

An official academic record showing that the alien possesses 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 from employers showing at least ten years of full-time experience in the occupation being sought.

If the profession requires, a license or a certification for particular profession/occupation.

Membership in professional associations.

Evidence that the alien has commanded a salary or other compensation for services which demonstrates exceptional ability.

Documentation of 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.

National Interest Waiver (NIW) :
If the alien can prove that his/her exceptional ability will substantially benefit the national economy, cultural, or educational interests or welfare of the US, the national interest waiver (NIW) can be granted, so that, the alien with such abilities does not require a job offer from US employer nor the employer has to file labor certification for the alien. INS advises applicants to make their best case possible. To apply for a NIW, you must still submit Department of Labor ETA 750 Part B. Labor department will review the case for NIW and grant the waiver if appropriate.

It is easier to get I-140 approved under EB-3 than under EB-2, as the job requirements in EB-2 are carefully scrutinized. But it is advantageous for people born in over subscribed countries like India to apply in EB-2 because processing Green Card in EB-2 takes much lesser time than in EB-3 for them.

Required Documents:

Permanent, full time job offer, unless qualified under National Interest Waiver(NIW).

Labor Certification (except occupations under Schedule A or if qualified under National Interest Waiver (NIW).

Form I-140 Petition for Immigrant Worker.