The EB-2 classification is open to 3 types of foreign nationals that:
- Exceptional Ability in the Sciences, Arts or Business, or.
- With Advanced Degree Professionals, or
- Qualified Alien Physicians who will practice medicine in an area of the U.S., which is underserved.
Your employer should file-in Form I-140, the Petition for Alien Worker with the USCIS Regional Service Center that has jurisdiction over the location of your employment. This form should contain all necessary documents and evidence. Labor certification (Form ETA-9089) is also required for most EB-2 petitions.
Individuals with exceptional ability in the sciences, arts or business may apply to waive the labor certification requirement if a waiver would be in the national interest. To apply for this waiver, you should file-in Form ETA-9089.
A petition for a foreign national holding an advanced degree can be made when a position requiring an advanced degree becomes available in the US. Interested candidates must show proof of their education and at least five years of work experience.
If you wish to be classified as having exceptional ability in the sciences, arts, or business, you should intend to provide at least three of the following:
- Proof of academic achievement, including diplomas, degrees or certificates from colleges or universities.
- Letters that prove you have at least ten years of full-time experience in your field.
- A license to practice your profession or certification in your specialty.
- Proof that you have received a worthy salary for your services.
- Membership in professional associations
- Recognition in your field from peers, government officials or organizations.
If you cannot provide documentation of three of these requirements, other documents may suffice.
The National Interest Waiver for Qualified Physicians In Underserved Areas
Under 2 circumstances, a physician applying for EB-2 visa can be exempted from the labor certification process if:
- The petitioner (sponsoring employer) request a national interest waiver on behalf of the qualified alien physician, or
- The alien physician self-petitioning for EB-2 on his own can show his entry into the U.S. is in the national interest.