The second preference employment category is reserved for two types of workers: (1) workers who are members of professions holding advanced degrees or their equivalent and (2) workers with exceptional ability in the sciences, arts, or business who will substantially benefit prospectively the national economy, cultural or education interests, or welfare of the U.S. As a general rule, a labor certification is required, although in some cases a national interest waiver is available.
A profession is an occupation in which a baccalaureate degree is the minimum requirement for entry level. An advanced degree is any academic or professional degree above the level of a baccalaureate degree. The individual seeking EB-2 classification must be entering a job that requires an advanced degree and the individual must either possess an advanced degree or a baccalaureate degree plus five years of progressive experience in the field to substitute for the advanced degree.
Labor certification is required for EB-2 Advanced degree professionals unless a National Interest Waiver is obtained.
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