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Employment Based 2nd Preference Category

EB-2: Members of Professions Holding Advanced Degree or Aliens of Exceptional Ability

Most individuals seeking classification in this category must be the recipients of job offers from a U.S. employer and must have at least an advanced degree or its equivalent. Individuals who can demonstrate exceptional ability in their field are eligible for such classification even if they do not hold a Masters Degree or its equivalent. Petitions seeking such classification of an employee must include extensive evidence about the employer and employee’s eligibility. In most cases, a labor certification is required. Professionals in a wide variety of fields are eligible for such classification.

Individuals whose work is deemed to be of intrinsic merit to the national interests of the United States and whose past accomplishments demonstrate that they will make substantial future contributions to our national interests are exempted from the requirement of a job offer and labor certification.  These are known as National Interest Waivers.

Physicians working in medically-underserved areas are also eligible to apply for permanent residency in this category, as are physicians sponsored for permanent residency by an employer based upon a labor certification.

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