EB-2 Second Preference

Advanced Degree Professionals

In order to qualify for a green card in this preference category, the offered position must minimally require a Master’s degree or higher (or its equivalent a Bachelor’s plus 5 years of experience) and the individual must meet these requirements.

This preference category requires the employer to apply for Labor Certification citing the offer of permanent employment to the individual.

Exceptional Ability

Exceptional ability is defined as a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. An individual who claims exceptional ability in the sciences, art, or business, or anyone on behalf of the individual may be the petitioner.

The following documentation is required in connection with establishing exceptional ability:

  • A statement describing the field of expertise and the contributions to the field. The statement should describe the area of exceptional ability in language that the “average person on the street” can understand. It should explain the niche in the field as well as the national impact of the accomplishments.

For specific contributions, the following questions serve as a guideline when preparing the statement:

1. How will employment be met in an area of substantial intrinsic merit?

2. How is the proposed benefit of the employment national in scope?

3. How will employment in this area serve the national interest to a substantially greater degree than would an available minimally qualified US worker?

The USCIS will look at your record to determine the likelihood of future benefit to the national interest. The USCIS will not grant the waiver where the prospective benefit is
“entirely speculative.” Innovations in the field help secure a waiver approval, as well as a considerable number of first-authored articles published in top journals with
numerous reprint requests and prizes at a high level.

  • List of Experts in the field (especially from experts who are not collaborative but know the applicant’s reputation) who could provide letters attesting to the achievements, the significance of the research, and its national impact.
  • Curriculum Vitae. Up-to-date and thorough.
  • Job offer letter from the employer.

Corroborating documentation must include legible copies not original documents. Anything listed on the CV that is relevant to the field of expertise should be backed up by documentation (i.e., academic documents; licenses; copies of the publications; evidence of presentations at conferences; awards; grants; patents; memberships in professional societies; proof of novel, original research, etc.)

To demonstrate that an individual has exceptional ability in the sciences, arts, or business, the petition must be accompanied by at least three (3) of the following:

  • An official academic record showing that the individual 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;
  • Evidence in the form of letter(s) from current or former employer(s) showing that the individual has at least ten (10) years of full-time experience in the occupation for which s/he is being sought;
  • A license to practice the profession or certification for a particular profession or occupation;
  • Evidence that the individual has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
  • Evidence of membership in professional associations; or
  • Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.