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:
- Hold a degree related to the area of exceptional ability;
- Have a letter from a current or former employee showing at least ten years of experience in the area of exceptional ability;
- A license to practice the profession;
- A salary or remuneration demonstrating exceptional abilityTo demonstrate exceptional ability, the salary must be higher than that commanded by others in the ﬁeld.;
- Membership in a relevant professional association;
- Recognition for achievements and contributions to the industry or ﬁeld by peers, government entities, or professional/business organization;
- Other comparable evidence to the above.;
EB2 cases are complex. Anyone pursuing an EB2 case should have an experienced attorney handle the case. Contact our ﬁrm to get started.