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EB2: Advanced Degree or Exceptional Ability

As the title suggests, there are two kinds of EB2s: members of professions holding advanced degreesAdvanced degrees are a Master’s degree or higher. A Bachelor’s degree with five years of progressive experience in the field is considered to be equivalent to a Master’s degree, but there is no such equivalent for a degree higher than a Master’s.; and individuals of exceptional abilityExceptional ability is a degree of expertise significantly above that ordinarily encountered. It is “rare or unusual talent, or unique or extraordinary ability.”.

Most EB2s require that an employer file a “Labor Certification” to start the process. The process and requirements for “Labor Certifications” are discussed in a separate series of articles under “PERM.” There are however, some EB2s that can obtain a “National Interest Waiver.”

EB2s with advanced degrees must have a minimum of a Master’s degree relevant to the position they are being petitioned for. For individuals without a Master’s degree, USCIS permits an equivalence. This equivalence is a Bachelor’s degree in the field, plus at least five years of progressive experience in the field. However, if the position requires an advanced degree other than a Master’s, there is no equivalence allowed.

EB2s with “Exceptional Ability” must meet at least three of the following criteria:

EB2 cases are complex. Anyone pursuing an EB2 case should have an experienced attorney handle the case. Contact our firm to get started.