Selected Topics in Immigration Law

Members of Profession Holding Advanced Degrees

This category includes: (a) members of the professions holding advanced degrees and (b) foreign individuals 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 States. The EB-2 category requires labor certification as a pre-requisite to filing the immigrant visa petition, with the exception of those petitioning under the National Interest Waiver.


Criteria for EB-2 Members of Professions Holding an Advanced Degree

The following criteria apply to a foreign individual seeking permanent residence through an EB-2 petition as a member of the professions holding and advanced degree:
1. A labor certification must be approved by the U.S. Department of Labor before the EB-2 immigrant visa petition can be submitted to the USCIS, unless the individual petitions under the National Interest Waiver.
2. The foreign individual must hold an advanced degree, which is defined as 1) any degree above a baccalaureate degree, or its foreign equivalent, or 2) a baccalaureate degree or foreign equivalent and at least 5 years progressive experience in the profession. If the profession requires a degree higher than a Master's Degree, the foreign individual must hold that degree.


Criteria for EB-2 Aliens of Exceptional Ability in the Sciences, Arts or Business

The following criteria apply to a foreign individual seeking permanent residence through an EB-2 petition as an individual with exceptional ability in the sciences, arts or business:
1. A labor certification must be approved by the U.S. Department of Labor before the EB-2 immigrant visa petition can be submitted to the USCIS, unless the individual petitions under the National Interest Waiver.
2. The foreign individual must possess a degree of expertise significantly above that ordinarily encountered in his or her field, documented by at least three of the following:
a. Academic degree relating to area of exceptional ability;
b. Letter from current or former employer showing at least 10 years of experience;
c. License to practice profession;
d. Individual has commanded a salary or remuneration demonstrating exceptional ability;
e. Membership in professional association;
f. Recognition of achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.


How may I obtain permanent resident status in the EB-2 category?

The EB-2 petition is filed at the appropriate USCIS Service Center.  The petition requires an approved labor certification unless the individual applies under the National Interest Waiver.  As long as there is a visa number available at the time of filing the petition, the individual may apply concurrently for adjustment of status with his/her spouse and children under 21 years of age.  Alternatively, he may file for  adjustment of status after the EB-2 petition is approved, or after approval he may chose to undergo consular processing of his immigrant visa at a U.S. consulate abroad. As with the family-based preference categories, the number of immigrant visas in the employment preference categories are also subject to an annual numeric limitation for nationals of each country. The filing date of the immigrant visa petition establishes the priority date for the application. However, unlike the family-based categories, the employment-based categories are normally current. Click the Department of State Visa Bulletin for the priority dates for preference category petitions and to find the backlog for each preference category. To request a consultation regarding a petition as a Member of a Profession Holding an Advanced Degree or an Alien with Exceptional Ability, please contact our office here.