The EB-2 category is reserved for workers who are advanced degree professionals or possess exceptional abilities. Nationals of India, China whose cases are classified in the EB-2 category are currently subject to the visa waiver list.
A. Advanced degree professionals
Advanced degree professionals possess masters or higher degrees or foreign equivalent, or a baccalaureate degree plus five years of post-degree progressive work experience in the field. The job position must also require at the minimum at least a masters’ or higher degree or a bachelor’s degree plus five years of post-degree experience. A labor certification is required for this category.
B. Exceptional ability workers
Workers who possess exceptional ability in the sciences, arts, or business, defined as a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business, may also be eligible for EB-2 classification. EB-2 exceptional ability workers must meet at least three from a set of list criteria including possessing a formal degree, at least 10 years of experience, a professional license, earning salary commensurate with exceptional ability, being a member of professional association, peer recognition, or submitting other related evidence demonstrating exceptional ability. A labor certification application is required for this category and the offered job position must also require exceptional ability.
C. National interest waiver
Foreign workers seeking a national interest waiver are seeking to bypass the labor certification process because it is in the U.S. national interest. National interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States is national in scope, of substantial intrinsic merit and will greatly benefit our national. Individuals seeking a national interest waiver do not need employment offers and may apply on their own.
D. Schedule A – Nurses and Physical Therapists.
The Schedule A visa category is for nurses and physical therapists. Nurses and physical therapists are listed as shortage occupations and therefore do not need to go through the labor certification process. As a result, nurses and physical therapists can obtain their green cards very quickly.