Employment Based Immigration
EB-2 Eligibility and Filing
The EB-2 classification includes: aliens who are "members
of the professions holding advanced degrees or their equivalent"
and aliens "who because of their exceptional ability in
the sciences, arts, or business will substantially benefit the national
economy, cultural, or educational interests or welfare of the United
A petition for a foreign professional holding
an advanced degree may be filed when the job requires an
advanced degree (beyond the baccalaureate) and the alien possesses such
a degree or the equivalent. The petition must include documentation,
such as an official academic record showing that the alien has a U.S.
advanced degree or a foreign equivalent degree, or
an official academic record showing that the alien has a U.S.
baccalaureate degree or a foreign equivalent degree and letters from
current or former employers showing that the alien has at least 5 years
of progressive post-baccalaureate experience in the specialty.
Qualified alien physicians who will be practicing medicine in
an area of the United States certified by the Department of Health and
Human Services as underserved may also qualify for this classification.
Read more about this program.
In order to be classified as having exceptional
ability in the sciences, arts, or business, the
individual 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
- 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
If the above standards do not apply to the petitioner's
occupation, other comparable evidence of eligibility is also acceptable.
Source: USCIS Website
| Last accessed: February 7, 2009.
Information on this website is provided for information purposes only, and its presentation herein neither creates an attorney-client privilege nor constitutes legal advice.