Aliens with Advanced Degree (EB-2A)
Under EB-2A category, the aliens must either be member of the professions holding advanced degree or its equivalent, or have exceptional ability in the sciences, arts or business, including the fine arts, industrial arts, and athletic.
Advanced degree means any U.S. academic or professional degree above the Bachelor degree or foreign equivalent (Master or Doctor Degree). If the alien only has a bachelor degree, but has at least 5 years of progressive professional experience, he can be treated as having the equivalent of a Master degree.
EB-2B, Aliens with Exceptional Ability
Exceptional ability means a degree of expertise significantly above that ordinarily encountered in the sciences, art, or business. To prove exceptional ability, at least 3 of the following must be provided:
- An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
- Evidence in the form of letter from current or former employers showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
- A license to practice the profession or certification for a particular profession or occupation;
- Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
- Evidence of membership in professional associations;
- Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business associations.
If the above standards are not applicable to the alien’s occupation, comparable evidence may be submitted.
Labor Certification (LC). EB-2A aliens must have LC approved by the Department of Labor before they can file immigration petition. EB-2B aliens qualified for National Interest Waiver may have the LC requirement waived.
Family Members (spouse/children). They, whether accompanying or following to join, have the same priority date as principal applicant.