EB-2 (Advanced Degree or Exceptional Ability, Based on PERM)

Introduction:

  • The EB-2 is a second preference immigration petition based on employment, which applies to an alien with advanced degree or with exceptional ability in the sciences, arts or business and with a job offer from a United States’ employer.
  • An offer of employment is required.

 

Criteria:

  • The alien must show an advanced degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience) related to the field in which he/she will be working; or
  • The alien must be able to show a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.

 

Evidence:

For advance degree, according to USCIS, the alien may submit some of these evidences includes:

  • Copies of official transcripts
  • Certified copies of the actual degree, diploma, certificate or similar award
  • Any other official documentation from the school’s Office of the Registrar
  • An evaluation from an educational evaluation agency, if you obtained your degree outside the United States
  • If you only have a Bachelor’s degree, letters from your current and/or prior employers showing at least 5 years of progressively responsible experience in your field after you received the degree
  • A letter from you or your prospective employer describing your current or proposed job
  • Documents describing your company and its work
  • A copy of your company’s annual report, if one is issued

 

For exceptional ability, according to USCIS, the alien must meet at least three of the evidences below:

  • Official academic record showing that he/she has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to his/her area of exceptional ability;
  • Letters documenting at least 10 years of full-time experience in his/her occupation;
  • A license to practice his/her profession or certification for his/her profession or occupation;
  • Evidence that he/she has commanded a salary or other remuneration for services that demonstrates his/her exceptional ability;
  • Membership in a professional association(s);
  • Recognition for his/her achievements and significant contributions to his/her industry or field by his/her peers, government entities, professional or business organizations;
  • Other comparable evidence of eligibility is also acceptable.