Advanced Degree: Foreign workers with an advanced degree beyond a U.S. Bachelor’s degree (such as Master’s or Doctorate degrees) or its equivalent (such as a Bachelor’s degree and at least five years of related work experience). An approved Labor Certification from the Department of Labor is required for individuals in this category.
Exceptional Ability: Foreign workers with exceptional ability in art, business, or science. Exceptional ability is defined as a degree of expertise significantly above that ordinarily encountered. An approved Labor Certification from the Department of Labor is required for individuals in this category.
National Interest Waiver: Foreign workers whose employment in the U.S. would be in the national interest. National Interest Waivers are generally granted to exceptional individuals whose employment would greatly benefit the U.S. Individuals seeking a national interest waiver may self-petition and do not need to undergo the Department of Labor’s Labor Certification process.
The EB-2 process is typically comprised of three steps. First, the employer files for Permanent Labor Certification with the Department of Labor, using the PERM system. The employer must show that a job opening is available in a specified professional filed, that the job opening is available to U.S. workers but no U.S. workers are qualified, and that the pay is at the prevailing rate. The Department of Labor will issue a PERM form, if all the requirements are met.
Individuals seeking a national interest waiver may skip this first step. Second, after the PERM form is issued, the employer must file a Form I-140, petitioning for an EB-2 visa. Finally, if the I-140 is approved and a visa is available, the foreign worker can undergo consular processing (if located abroad) or file for Adjustment of Status (if in the U.S.).
They will be able to travel to and from the U.S. without restrictions and will be authorized to work in the U.S. EB-2 visa holders may bring their dependents to the U.S. as well.