Business Permanent Visas
EB-2 Advanced Degree Professionals and Exceptional Ability Workers
The EB-2 preference category is applicable for two types of workers:
1.workers must be members of professions holding advanced degrees (or their equivalent), and
2.workers with exceptional ability in the sciences, arts, or business who will substantially benefit prospectively the national economy, cultural or education interests, or the welfare of the U.S. A labor certification is required except in some cases where a national interest waiver is available.
EB-2 Advanced Degree Professionals:
An EB-2 applicant must be petitioning for a job that requires an advanced degree and the individual must either possess an advanced degree (master's degree or higher) or a baccalaureate degree plus five years of progressive experience in the field to substitute for the advanced degree.
EB-2 Workers of Exceptional Ability in the Sciences, Arts or Business:
An EB-2 applicant must prove exceptional ability in the fields of art, sciences and business. Although exceptional ability is limited to aliens in the fields of arts, sciences and business, the US CIS considers athletics as an art for the EB-2 classification. For EB-2 classification, the applicant must show three of the six types of evidence to prove exceptional ability: 1. A license to practice or certification if required in the occupation; 2. For advance degree EB-2's, official record of a degree from a college, university or other learning institution related to the field in which the alien claims exceptional ability; 3. For exceptional ability EB-2's, evidence of ten years of full time experience in the field in which employment is sought (typically in the form of letters from past employers); 4. For exceptional ability cases, evidence of a high salary or other form of payment that indicates exceptional ability; 5. For exceptional ability cases, evidence of membership in professional associations; and, for exceptional ability cases, evidence of recognition by peers or professional associations for achievements and contributions to the field.
The National Interest Waiver for EB-2 Advanced Degree Professionals or Workers of Exceptional Ability in the Sciences, Arts or Business:
The EB-2 classification requires a labor certification by the petitioning employer unless a national interest waiver is obtained. In order to obtain a national interest waiver, the applicant must show that granting the EB-2 petition is in the national interest of the United States.
There are two kinds of national interest waiver applications available. Physicians are one category and the other category encompasses all other cases. The Administrative Appeals Office created seven main factors that are evaluated in determining whether a particular job is in the national interest: 1.Improvement of the U.S. economy; 2.Improvement of the wages and working conditions for U.S. workers; 3.Improvement of educational and training programs for U.S. children and under-qualified workers; 4.Improvement of health care; 5.Provision of more affordable housing for young, aged, or poor U.S. residents ; 6.Improvement of the U.S. environment and more productive use of the national resources; and, 7.Admission is requested by an interested U.S. government agency.
Additionally, the Administrative Appeals Office has recently focused on three factors:
1.The worker seeks employment in an area of "substantial intrinsic merit"
2.The proposed benefit the worker will provide is "national in scope" and
3.The national interest would be adversely affected if labor certification were required.
For eligibility for a physician national interest waiver, the foreign physician must:
1.Agree to work full-time in a clinical practice for five years unless the immigrant visa petition was filed prior to November 1, 1998, in which case the period of required service is 3 years;
2.Work in one of the following medical specialties: family or general medicine, pediatrics, general internal medicine, obstetrics/gynecology, and psychiatry;
3.Serve either in a Health Professional Shortage Area (HPSA), Mental Health Professional Area (MHPSA – for psychiatrists only), Medically Underserved Area (MUA), or a Veterans Affairs facility; and
4.Obtain a determination from a federal agency or a state department of health that has knowledge of the physician's qualifications, which states that the physician's work is in the public interest.
A physician may apply for adjustment of status and obtain work authorization, however US CIS will not make a final determination of an adjustment of status application for a physician who is pursuing a national interest waiver until the physician has practiced full-time in a medically underserved area for a minimum aggregate of five or three years, depending on when the application was filed.