# Employment-Based Immigration: Second Preference EB-2

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 person who has exceptional ability. Below are the occupational categories and requirements:

## * Criteria

                - 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 from current or former employers 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.

**Labor Certification and Ability to Pay.** Employment-based, second-preference petitions must usually be accompanied by a certified Application for Permanent Employment Certification from the Department of Labor (DOL) on ETA Form 9089, however, DOL provides for a blanket (Schedule A) certification in certain situations. As part of the application process, your employer must be able to demonstrate an ability to pay the offered wage as of the priority date and continuing until you obtain lawful permanent residence status. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage. Finally, you may request a waiver of this requirement in the national interest through the petition filed with USCIS. Because the national interest waiver waives the job offer, you do not need to demonstrate an employer’s ability to pay a wage.

** Factors USCIS Considers for National Interest Waiver
                - The proposed endeavor has both substantial merit and national importance.
                - You are well positioned to advance the proposed endeavor.
                - On balance, it would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.

For more guidance on these factors in general and how USCIS considers them for those pursuing endeavors in STEM and entrepreneurs, read our policy in section D of USCIS Policy Manual, Volume 6, Part F, Chapter 5, Advanced Degree or Exceptional Ability.

For more information on filing fees, see the Filing Fees page.

## Family of EB-2 Visa Holders

If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-21 and E-22 immigrant status, respectively.

## More Information

                - USCIS Policy Manual, Volume 6, Part F, Chapter 5, Advanced Degree or Exceptional Ability
                - Health Care Worker Certification
                - Laws, Regulations, and Guides Title 8, Code of Federal Regulations (8 CFR)
                - Business Immigration USCIS Press Releases

04/20/2022

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