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Eligibility Criteria Categories

You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability. Below are the occupational categories and requirements:

Advanced Degree

  • The job you apply for must require an advanced degree and you must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field).

  • Documentation:

  • Official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, 

  • or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.

Exceptional Ability

  • You must be able to show exceptional ability in the sciences, arts, or business.

  • Exceptional ability: a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.

  • You must meet at least three of the criteria below.

National Interest Waiver
  • National interest waivers are usually granted to those who have exceptional ability (see above) 

  • Whose employment in the United States would greatly benefit the nation.

  • May self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.

  • You must meet at least three of the criteria below 

  • You must demonstrate that it is in the national interest that you work permanently in the United States.

  • Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability

  • Letters documenting at least 10 years of full-time experience in your occupation

  • A license to practice your profession or certification for your profession or occupation

  • Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability

  • Membership in a professional association(s)

  • Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations

  • Other comparable evidence of eligibility is also acceptable.


EB-2 must generally be accompanied by an approved individual labor certification from the Department of Labor on Form ETA-750. 


To qualify for an EB-2 visa, your employer must file a Form I-140, Petition for Alien Worker. 

Family of EB-2 Visa Holders


  • Your spouse and children under the age of 21 may be admitted to the United States in E-21 and E-22 immigrant status, respectively. 

  • Your spouse is eligible to file for an Employment Authorization Document (EAD).

All services are also available in Arabic


Please fill out the form below or call us at (518) 472-0230.

Law Offices of Joseph F. Jacob, PLLC

125 Wolf Road, Ste 309

Albany, NY 12205

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