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EB-2 Employment-Based Second Preference: Advanced Degree and Exceptional Ability - Law Office of Lani Cao

EB-2 Employment-Based Second Preference: Advanced Degree and Exceptional Ability

The employment-based second preference (EB-2) classification is for individuals with advanced degrees or exceptional ability. EB-2 classification may require a labor certification from the Department of Labor (except for “National Interest Waivers” and “Schedule A – Group II Exceptional Ability”) where the employer has demonstrated that there are no U.S. workers who are able, qualified, or willing to take the position offered to the foreign national. Additionally, the employer must show that an admission of the foreign national will not adversely affect the wages and working conditions of similarly situated U.S. workers.

The EB-2 classifications are as follows:

• Individuals with an advanced degree: Position requires an advanced degree above a Bachelor’s. Or a Bachelor’s degree and five years of progressively responsible experience.
• Individuals with exceptional ability: Position requires exceptional ability in the arts, sciences, or business that offers prospective national benefit.

o Exceptional ability requires a degree of expertise significantly above that ordinarily encountered and is demonstrated by meeting a minimum of three of the following:

1. Official academic record demonstrating that foreign national has earned degree(s)
2. Statement(s) from employer(s) demonstrating at least ten years of full-time experience in the field
3. License or certification for professional practice
4. Salary or other remuneration for services commensurate with that of a professional
5. Membership in professional association(s)
6. Recognition by peers or government/professional entities for achievements and contributions

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