Employment-Based 2 (E-B2)

DESCRIPTION: This category is for aliens of "exceptional ability" in the sciences, arts, or business, and advance-degree professionals. An advanced degreed is classified as a master's degree or higher. Note that the standard here is "exceptional" rather than "extraordinary." An alien of "exceptional ability" is defined as alien possessing a degree and expertise above that normally found in his or her field. Evidence of "exceptional ability" includes: an official academic record demonstrating that the alien possesses the degree; letters from employers indicating that the alien has at least 10 years of experience in the job sought; licensure or certification in the profession (if the profession requires it); membership in professional associations; and documentation of recognition for achievements and significant contributions to the field. With respect to the advance-degree aliens, the job offer must also require the advance degree. In addition, this category requires a labor certification and a job offer, with the exception of an alien qualifying for a National Interest Waiver. There are approximately 40,000 visas issued annually plus visas not used by the EB1s.

SUMMARY OF REQUIREMENTS:

  • Advance degree or exceptional ability
  • A Job offer (With respect to the Advance degree the job offer must require the advance degree
  • Labor Certification (With the exception of the NIW)