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.
Labor Certification
Second preference petitions are usually accompanied by a signed U.S. Department of Labor (DOL)-approved Form ETA-9089, Application for Permanent Employment Certification, or, for labor certification applications filed on or after June 1, 2023, using DOL’s Foreign Labor Application Gateway (FLAG) system, an approved and signed Form ETA-9089, Final Determination – Permanent Employment Certification Approval (Final Determination). For more information, see the Department of Labor’s Foreign Labor Certification webpage.
For certain occupations, referred to as Schedule A occupations, a DOL-approved labor certification is not required because DOL has already determined there are not sufficient U.S. workers for those occupations. Currently, DOL has designated 2 groups of occupations under Schedule A. Group I includes professional nurses and physical therapists. Group II includes beneficiaries with exceptional ability in the sciences or arts (including college and university teachers) and immigrants of exceptional ability in the performing arts. Immigrant petitions for these occupations must be accompanied by a completed, uncertified Form ETA-9089, including all applicable appendices, a signed Final Determination, and a valid prevailing wage determination tracking number in Section E, Item 1 of the Form ETA-9089 (application for Schedule A designation).
In addition, for the second preference category, an immigrant petition may request a waiver of the job offer, and thus the labor certification requirement, because it is in the national interest of the United States. National interest waiver petitions must be accompanied by a completed Form ETA-9089, Appendix A and a signed Form ETA-9089, Final Determination.
| Sub-category | Description | Evidence |
|---|---|---|
| Advanced Degree Professional | You must be a member of the professions holding an advanced degree. The labor certification (or application for Schedule A designation) must require, and you must possess, an advanced degree. An advanced degree is any United States academic or professional degree or a foreign equivalent degree above that of bachelor’s. A U.S. bachelor’s degree (or a foreign equivalent degree) followed by at least five years of progressive experience in the specialty is considered the equivalent of a master's degree. The offered position must be a professional occupation, defined as one of the occupations listed at INA 101(a)(32) or one that requires the minimum of a bachelor’s degree or foreign equivalent degree for entry into the occupation. Finally, you must also meet any job requirements specified on the labor certification as of the priority date. | Documentation, such as an 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. bachelor’s degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-bachelor’s work experience in the specialty. If a doctoral degree is customarily required, you must provide an official academic record showing that you have a U.S. doctorate or foreign equivalent degree. |
| Exceptional Ability | You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” You must meet any requirements specified on the labor certification as applicable. | You must provide documentation establishing that you meet at least 3 of the criteria below.* |
* Criteria for Exceptional Ability (must meet at least 3)
- 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.
There are exceptions to the labor certification requirement for second preference petitions:
| Exceptions to the Individual Labor Certification Requirement | Description |
|---|---|
| Application for Schedule A Designation | Petitions for Schedule A occupations are not required to obtain a DOL-approved labor certification. Instead, the petition must be accompanied by a completed, uncertified Form ETA-9089, including all applicable appendices, a signed Final Determination, and a valid prevailing wage determination tracking number in Section E, Item 1 of the uncertified Form ETA-9089 (application for Schedule A designation). For more information on Schedule A, see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual. |
| National Interest Waiver. | Those seeking a national interest waiver are requesting that the job offer, and thus the labor certification, be waived because it is in the interest of the United States. The endeavors that qualify for a national interest waiver are not defined by statute; instead, USCIS considers the 3 factors below.** Those seeking a national interest waiver may self-petition (you do not need an employer to sponsor you) and you do not need to obtain a labor certification from the DOL. Instead, the petition must be accompanied by a completed Form ETA-9089, Appendix A and a signed Form ETA-9089, Final Determination. |
** 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.
Immigrant Petition Process
Second preference petitions are filed using Form I-140, Immigrant Petition for Alien Workers. A U.S. employer must file a Form I-140, Immigrant Petition for Alien Workers, on your behalf, except for petitions based on a national interest waiver, where you may file a Form I-140 on your own behalf. For information on required supporting documentation and filing fees, see the Form I-140 webpage (which includes the Form I-140 instructions and information about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers webpage.
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 with or after you as lawful permanent residents based on your approval.