EB-2: Advanced Degree Professional and Skilled Workers

The second employment-based preference category (EB-2) is reserved for professionals holding advanced degrees or persons of exceptional ability. Positions requiring a U.S. advanced degree (generally a Master's degree or higher) or foreign equivalent are classified as EB-2. In addition, if the proposed position requires a U.S. Bachelor's degree, or foreign equivalent, and at least five years of progressively responsible experience in the specialty, it may also be classified as EB-2.

Foreign nationals may also qualify for the EB-2 category as a person of "Exceptional Ability." This includes employees who, because of their exceptional ability in the sciences, arts or business, will prospectively and substantially benefit the national economy, cultural or educational interests, or welfare of the U.S. and whose services are sought by an employer in the U.S.

Finally, certain foreign physicians who will practice medicine in a medically underserved area may qualify for the EB-2 category.

Generally, permanent resident applicants in the EB-2 category must begin the process with Labor Certification. However a limited number of the EB-2 applicants within the pool are eligible for a waiver of this requirement if it is considered in the national interest.

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