Ferro & Cuccia Law Firm

Employment-Based Visa Petitions -EB -2

EB-2 is the category for professionals (doctors, lawyers, executives, architects, engineers, etc.) who either hold advanced degrees, or are considered to have exceptional ability in their field.

EB-2 applicants require a labor certificate, UNLESS they are applying for the National Interest Waiver (see below).

EB-2 (1) – ADVANCED DEGREE WORKER

If you have a Master’s Degree, or some other post-graduate degree (or, in some circumstances, you have a Bachelor’s Degree and five years of experience), you could be eligible for the EB-2 category. This category is substantially faster than the Skilled Worker (EB-3) category; I’ve had several clients recently get their green cards through this category within the span of a year.

A person without a Master’s Degree may still be eligible for this category if he has a Bachelor’s Degree plus five years of “progressive experience”. By “progressive”, they mean experience in which your position became incrementally more complex or responsible as time progressed.

EB-2 (2) – EXCEPTIONAL ABILITY WORKER

If a person doesn’t have the necessary educational requirements, she may still qualify under EB-2 if she meets the requirements of an “exceptional ability” worker. Exceptional ability workers are those individuals that have a “degree of expertise significantly above that ordinarily encountered”.

To prove this, we have to meet three of the six criteria:
- Degree related to area of expertise.
- Ten years or more of experience in profession.
- License to practice profession.
- Commands a high salary.
- Membership in professional association.
- Recognition for achievements in field by peers.

NATIONAL INTEREST WAIVER

As with most employment-based categories, an EB-2 applicant usually must get a labor certificate from the Department of Labor before he can apply for adjustment of status – UNLESS he qualifies for the National Interest Waiver.

The National Interest Waiver saves time and effort by getting around the requirement of conducting newspaper recruitment and filing an application with the Labor Department, and even the necessity of a sponsoring employer. In order to get this benefit, the applicant must prove to Immigration that his employment will be in national interests of the U.S.

“National interest” can mean:
- improving the U.S. economy
- improving wage conditions for U.S. workers
- improving education in the U.S.
- improving health care
- providing more affordable housing
- improving the U.S. environment or the efficient use of resources
- interested government agency request.

PROS OF EB-2:
- Quicker than the Skilled Worker category

CONS:
- Still need a labor certificate (unless applying for National Interest Waiver), so this procedure does not give any immediate status or permission to work.
- Still need a sponsor (unless applying for NIW) – and the sponsor must have good federal income tax returns
- Non-professional occupations don’t justify the necessity of a Master’s Degree or Exceptional Ability












		Employment-Based Visa Petitions -EB -2 EB-2 is the category for professionals (doctors, lawyers, executives, architects, engineers, etc.) who either hold advanced degrees, or are considered to have exceptional ability in their field. EB-2 applicants require a labor certificate, UNLESS they are applying for the National Interest Waiver (see below). EB-2 (1) – ADVANCED DEGREE WORKER If you have a Master’s Degree, or some other post-graduate degree (or, in some circumstances, you have a Bachelor’s Degree and five years of experience), you could be eligible for the EB-2 category. This category is substantially faster than the Skilled Worker (EB-3) category; I’ve had several clients recently get their green cards through this category within the span of a year. A person without a Master’s Degree may still be eligible for this category if he has a Bachelor’s Degree plus five years of “progressive experience”. By “progressive”, they mean experience in which your position became incrementally more complex or responsible as time progressed. EB-2 (2) – EXCEPTIONAL ABILITY WORKER If a person doesn’t have the necessary educational requirements, she may still qualify under EB-2 if she meets the requirements of an “exceptional ability” worker. Exceptional ability workers are those individuals that have a “degree of expertise significantly above that ordinarily encountered”. To prove this, we have to meet three of the six criteria: - Degree related to area of expertise. - Ten years or more of experience in profession. - License to practice profession. - Commands a high salary. - Membership in professional association. - Recognition for achievements in field by peers. NATIONAL INTEREST WAIVER As with most employment-based categories, an EB-2 applicant usually must get a labor certificate from the Department of Labor before he can apply for adjustment of status – UNLESS he qualifies for the National Interest Waiver. The National Interest Waiver saves time and effort by getting around the requirement of conducting newspaper recruitment and filing an application with the Labor Department, and even the necessity of a sponsoring employer. In order to get this benefit, the applicant must prove to Immigration that his employment will be in national interests of the U.S. “National interest” can mean: - improving the U.S. economy - improving wage conditions for U.S. workers - improving education in the U.S. - improving health care - providing more affordable housing - improving the U.S. environment or the efficient use of resources - interested government agency request. PROS OF EB-2: - Quicker than the Skilled Worker category CONS: - Still need a labor certificate (unless applying for National Interest Waiver), so this procedure does not give any immediate status or permission to work. - Still need a sponsor (unless applying for NIW) – and the sponsor must have good federal income tax returns - Non-professional occupations don’t justify the necessity of a Master’s Degree or Exceptional Ability