EB-2 Employment-based Second Preference Visa

The EB-2 visa is an immigrant visa allowing qualified aliens to come to the United States as permanent residents in order to work.  There are two categories of aliens who qualify for EB-2 visas: professionals holding an advanced degree (a degree beyond a baccalaureate degree) or a baccalaureate degree and at least five years’ progressive experience in the profession, and persons having exceptional ability in arts, sciences or business. “Exceptional ability” means having a degree of expertise significantly above that ordinarily encountered within the field.  The EB-2 visa ordinarily requires labor certification and a permanent job offer from a U.S. employer, and the U.S.employer is responsible for filing the application on behalf of the alien (making the employer the “petitioner” on the application and the alien the “beneficiary” of the application).  There is, however, one exception to the labor certification and job offer requirements for EB-2 visas; if an alien seeking an EB-2 visa is able to obtain a “National Interest Waiver,” then that person will be exempted from both the labor certification and job offer requirements, and will be able to apply for the visa on his or her own behalf.  For more information on National Interest Waivers, see the following information on National Interest Waivers.