EB-2 visas are the Second Employment-Based preference, with two subgroups within the category:
- Professionals holding an advanced degree (beyond a baccalaureate degree) or a baccalaureate degree and at least five years’ progressive experience in the profession; and
- Persons with exceptional ability in the arts, sciences, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered within the field.
This preference receives 28.6 percent of the yearly worldwide limit (about 40,000 annual visas, plus any unused Employment First Preference visas.) PERM Labor Certification and a job offer are required for this category unless the job offer is waived by the U.S.C.I.S. in the national interest, the job fits in a Schedule A designation, or the alien establishes that he/she qualifies for one of the deficient occupations in the Labor Market Information Pilot Program.
In case there is no exemption for the labor certification process, the U.S. employer must file a Form I-140 petition based on an approved Labor Certification on the alien's behalf. For details on the Labor Certification process, please see details under PERM Labor Certification.
Regarding I-140 petitions with a request for a National Interest Waiver (NIW), the alien may file the petition along with evidence showing their immigration is in the national interest. The National Interest Waiver has become a very popular and important path for many aliens applying for employment-based immigrant visas in the second preference. Link her for information about NIW. For details and assistance, contact Immigration Solutions LLC.