Jump to:
Home » Green Card & Citizenship » Employment-Based Green Card » EB-2 Physician/NIW/Advanced Degree

EB-2 Advanced Degrees & Experience

Submitted by admin on Feb 2nd 2009
Printer-friendly version

EB-2 Professionals with Advanced Degrees or Persons with Exceptional Ability   

The following persons fall under this category:

  • Foreign nationals of exceptional ability in the sciences, arts, or business;
  • Foreign nationals that are advanced degree professionals; and 
  • Qualified alien physicians who will practice medicine in an area of the U.S., which is underserved.

The EB-2 classification includes: aliens who are "members of the professions holding advanced degrees or their equivalent" (that is, any degree above a baccalaureate degree or a baccalaureate degree with at least 5 years of progressive experience in the professions) and aliens who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States. The services should be sought by the employer in the U.S.

If you are a worker with exceptional ability in the sciences, arts, or business, you may apply to waive the requirement that you have a job offer if such a waiver would be in the national interest.

Exceptional Ability Aliens

In order to be classified as having exceptional ability in the sciences, arts, or business, the individual must provide documentation of at least three of the following:

  • An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;
  • Letters documenting at least ten years of full-time experience in the occupation being sought;
  • A license to practice the profession or certification for a particular profession or occupation;
  • Evidence that the alien has commanded a salary or other remuneration for services that demonstrates exceptional ability;
  • Membership in professional associations; and
  • Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.

If the above standards do not apply to the petitioner's occupation, other comparable evidence of eligibility is also acceptable. The aliens in this group are required to have a degree of expertise above that which is ordinarily encountered in their field. A labor certification is not required if the job offer requirement is waived.

Schedule A Occupations

Under the Department of Labor Schedule A, certain occupations do not require individual labor certifications. Such labor certifications are pre-certified. However, under Group II of Schedule A, the employer must submit the labor certification application to the USCIS with other documentation showing the alien’s work over the preceding 12 months that required exceptional ability and the alien’s work in the U.S. that requires exceptional ability. Under Group II, aliens of exceptional ability in the performing arts are also included. Under Schedule A Group II, evidentiary requirements are similar to that of the extraordinary ability evidentiary requirements of the first preference category.  In order to be classified as having exceptional ability in this category, the individual must provide documentation of at least two of the following in the field which certification is sought:

  • Receipt of internationally recognized prizes or awards of excellence in the field which certification is sought;
  • Membership in international associations;
  • Published material about the alien in professional publication;
  • Alien’s participation on a panel or individually as a judge of the work of others;
  • Alien’s original scientific or scholarly research contributions;
  • Alien’s authorship of published scientific or scholarly articles; and
  • Evidence of display of alien's work at exhibitions in various countries.

Advanced Degree Professionals

A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate--i.e., a Master's Degree or higher) and the alien possesses such a degree or the equivalent. In lieu of the Master's Degree, the alien may use his/her U.S. baccalaureate degree or a foreign equivalent degree and at least five years of his/her progressive post-baccalaureate experience in the specialty. Under the regulations, evaluation of the alien’s education and experience to determine the equivalency of a Bachelor’s Degree is not allowed.

Please further note that in a liaison meeting with AILA in June 2007, the USCIS Nebraska Service Center is reported to have changed its stand about what is considered to be equivalent to a U.S. Master’s Degree for Employment-Based Category 2. Each petition and its supporting documentation are examined on a case-by-case basis and degree equivalencies are based on the evidence presented with the individual case. However, the below is provided as a general outline: 

  • U.S. Master’s Degree – As long as it is in the field required, no additional document is required.
  • Four-year Bachelor’s Degree + two-year Master’s Degree (India) – With degrees in the same or related fields, this will generally be considered the equivalent to a U.S. Master’s Degree and no additional document is required.
  • Three-year Bachelor’s Degree + three-year Master’s Degree (India) – With degrees in the same or related fields, this will generally be equivalent to a U.S. Master’s Degree and no additional document is required.
  • Three-year Bachelor’s Degree + one-year postgraduate diploma + two-year Master’s Degree (India) with degrees in the same or similar field - This would generally be considered the equivalent of a Bachelor’s Degree plus one additional year of education.  Therefore, the beneficiary would also need to have five years' progressive experience. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the three-year Bachelor’s Degree, it is possible that this would be considered the equivalent to a U.S. Master’s Degree and there would be no need to establish five years' progressive experience.
  • Three-year Bachelor’s Degree + two-year Master’s Degree (India) – Generally, this would be the equivalent of a Bachelor’s Degree + one year and would require five years' progressive experience to qualify under the 2nd preference (EB-2) category.
  • Three-year Bachelor’s Degree + two-year Master’s Degree (India) + five years' progressive, post-Master’s Degree experience – Generally, the educational degrees would be determined to be the equivalent of a U.S. Bachelor’s + one year and the beneficiary would meet the statutory requirement.
  • Three-year Bachelor’s Degree + two-year Master’s Degree + one-year postgraduate diploma (India) – Generally, this would be the equivalent of a Bachelor’s Degree + one year and would require five years' progressive experience to qualify under the 2nd preference category (EB-2). If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the three-year Bachelor’s Degree or the two-year Master’s Degree, it is possible that this would be considered the equivalent to a U.S. Master’s Degree, and there would be no need to establish five years' progressive experience.

The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least five years of progressive post-baccalaureate experience in the specialty. The post-baccalaureate experience should reflect increasing or advancing levels of responsibility and knowledge in the specialty. The profession should be an occupation for which a baccalaureate degree or its foreign equivalent is the minimum requirement for the entry in the field.

EB2 I140 approved H1B extension beyond 6 years

Submitted by Guest (not verified) on May 12th 2013.

Dear sir/Madam
I was working on H1B as a postdoc (biomedical research) in a nonprofit organization. I filed self-petition for EB2 I-140 on August 2012. My H1B expired on 17th Sept 2012, and then I shifted to H4 (dependent to wife H1B) and anticipated for I140 approval. I was waited till April 2013 and return back to India with my family (my wife also resigned ) due to uncertainty/waiting time.

On 10th May 2013 I checked online my EB2 I140 got approved.

Please let me know what are the options to apply for H1B extension? I did not utilize approximately one month recapture days (I was out of t

EB2 I140 approved H1B extension beyond 6 years

Submitted by Rajiv S. Khanna on May 13th 2013.

As long as you apply and get H-1 approval before April 2014, you should get a 3-year H-1 right away. No quota issues, if you apply before April 2014.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

EB2 requirements-experience certificates from previous employers

Submitted by Guest (not verified) on May 12th 2013.

Im a foreign-trained PT on H1B,on my 3rd yr working as a PT,preparing to apply for EB2.I have BSPTdegree & according to FCCPT,my credentials are equivalent to US MastersDegree.I also have 5yrs work experience from my home country.However,most of the 5yrs was under self-employed basis.I provided in-home PT to MD-referred patients.My work hrs were outside MDs' control so MDs cant indicate my hours worked.

Questions:

Does experience thru self-employment qualifies as relevant experience?

On the work certificates,is it important to indicate full-time/part-time or specific # of hrs worked?

EB2 requirements-experience certificates from previous employers

Submitted by Rajiv S. Khanna on May 13th 2013.

Self-employed experience does count. And you do need to document full time exp., if that is what your case needs.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Am i eligible for EB2,

Submitted by Guest (not verified) on Apr 19th 2013.

Am i eligible for EB2, Advanced degree(STEM) from US university and 1 year work experience.

Am i eligible for EB2,

Submitted by Rajiv S. Khanna on Apr 22nd 2013.

You should be eligible, if the degree is accredited.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

3 year bachelors + 2 year US Masters EB2

Submitted by ASha (not verified) on Apr 15th 2013.

My employer has started my GC process and job requirements for position are set as Bachelors + 5 Years of Progressive experience which seems to be a candidate for EB2 category.

I have 3 year bachelors degree + 2 years US masters degree obtained with full time coursework completed in 2004 from a reputed/accredited US university.

My question is that since I don't have US 4 year equivalent bachelors degree, would this position be considered automatically as EB3 even though I have US masters degree overriding a Bachelors ?

3 year bachelors + 2 year US Masters EB2

Submitted by Rajiv S. Khanna on Apr 16th 2013.

Two possibilities. If done right, you should be able to get EB2. If done incorrectly, you may have to start all over again. This is question requires a review of what was filed.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

EB2 EAD AND Canadian PR

Submitted by solomon (not verified) on Apr 9th 2013.

I got my EAD and my I-485 is pending. I recently got my COPR and landed in Toronto Canada to complete my landing procedure and while returning to US, I told the Immigration officer that i
came to complete my landing procedure for PR. The IO asked me why you need the PR
when you have the green card and i told the officer that i am only on EAD and once i get my GC
then i will not use my Canadian PR and the IO told me that she is going to report this to the USCIS.

Please advise that any action I should take now or will my I485 revoked?

EB2 EAD AND Canadian PR

Submitted by Rajiv S. Khanna on Apr 10th 2013.

Fortunately, there is a cure for ignorance: education. The officer should have known this is perfectly legal. If USCIS wants to send silly inquiries, your lawyers can educate them.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

EB 2 progressive work experience

Submitted by nateoz (not verified) on Mar 25th 2013.

Hi, I'm currently looking to apply for a green card under the EB2 category. I have a bachelor's degree with 5 years of relevant work experience (3 years in 1st job, 2 years with current job).

1) I was wondering if all 5 years would qualify for the application, or just the 3 years before I join the current job
2) If only the first 3 years qualifies, does it matter if I change role/get promoted in the current firm right now? Would that help qualify all 5 years?

Thank you! Appreciate your help here.

EB 2 progressive work experience

Submitted by Rajiv S. Khanna on Mar 26th 2013.

Join me in the next free community conference call this Thursday. I will explain the rules.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

EB2 processing times for Indians

Submitted by AJ (not verified) on Mar 24th 2013.

Hi, I am applying GC through my employer based on EB2 - advanced degree. How many years is the wait for priority date (GC to be received)? Thanks in advance!

EB2 processing times for Indians

Submitted by Rajiv S. Khanna on Mar 25th 2013.

AJ, review the visa bulletins to try to extrapolate the time: http://www.immigration.com/visa-bulletin

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Am i eligible for EB2

Submitted by Vijay (not verified) on Mar 19th 2013.

Suggestion please.

I have 3 years of bachelor degree in physics and 2 years of Master degree in IT in India and also have 9 years of IT experience.

Will I be eligible for EB2 category?

Thanks in advance!

Am i eligible for EB2

Submitted by Rajiv S. Khanna on Mar 20th 2013.

If you have 5 years of experience after your Master's, you could qualify for EB2.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Chartered Accountant + EB2

Submitted by Hari (not verified) on Mar 17th 2013.

Hello,
I have 3 yrs graduation degree (Bachelor of Business Management BBM) and did Chartered Accountancy after that. I checked with few consulting firms with the condition that they need to my GC in EB2. They all came back and said that CA qualification cannot be considered for EB2 category though i have 11 yrs of total experience in software field.

Could you please tell me if there is any chance for my case to be filed under EB2?

Thanks,
Hari

Chartered Accountant + EB2

Submitted by Rajiv S. Khanna on Mar 18th 2013.

Hari ji, I have not looked at this issue recently. But as the USCIS interpretations stood 4-5 years ago, they did NOT consider Chartered Accountancy to be "education." Hence, EB-2 would not have been possible.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

I have European Bachelor's (3

Submitted by Ella (not verified) on Mar 17th 2013.

I have European Bachelor's (3 years) and Master's (2 years) degrees (Bologna process, which is the European standard). Before that, I had 13 years of primary and secondary education. Would I qualify for EB2? What about if I get a Bologna process phD (3 years)? Thank you for your help.

I have European Bachelor's (3

Submitted by Rajiv S. Khanna on Mar 18th 2013.

Ella, get your degrees evaluated by EDGE standards, a database maintained by AACRAO.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Green Card application

Submitted by Guest (not verified) on Mar 17th 2013.

I am on STEM OPT (F1) till end of May 2014. I have done my Masters in Computer Science from USA (Advanced Degree) and currently living and working in USA on STEM OPT EAD Card which is valid till 23 May 2014. On my Passport I have F1-Visa Stamp till July 2014.

My Employer right now wants to start Green card application under EB2 Category. So I am wondering do I need to do H1B visa first starting 1 April 2013 and then once it is approved and then let my employer start Green card application or can they start Green card application before H1B since I already have work permit & visa till May 2013

Green Card application

Submitted by Rajiv S. Khanna on Mar 18th 2013.

While you CAN start a green card on F-1, whether or not it it is a good idea in your case would depend upon a number of factors. Please speak with your lawyers.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

EB-1 or EB-2

Submitted by Guest (not verified) on Mar 13th 2013.

Hello, I have the Norvegian equivalent of a Master Degree in Electrical Engineering, 28 years experience, key contributor to multiple international standards used by billions of devices, multiple patents approved and pending, member of patent review board in large multinational, consistently high income. But deliberately stayed out of the limelight; no publications, white papers etc. Is EB-1 an option at all or is EB-2 "safer" and with shorter and simpler processing in less time?

EB-1 or EB-2

Submitted by Rajiv S. Khanna on Mar 14th 2013.

Try both. No harm.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Regarding company applying for EB-3

Submitted by kishan (not verified) on Mar 12th 2013.

Hi my company want to apply my green card
I requested them to do it through EB-2 but they are saying EB-2 is not possible cause job position only qualifies for EB-3, though I have Masters degree and 5 years of work experience
here is the qualification required for the my position
QUALIFICATIONS:BA/BS degree in Computer Science, Computer & Systems Engineering, or related field, or equivalent work experience required.Minimum two (2) years experience in testing complex applications required.
Minimum five (5) years of overall combined QA and/or development experience.
Do i qualify for EB2 ???

Regarding company applying for EB-3

Submitted by Rajiv S. Khanna on Mar 13th 2013.

The job description could fit into EB2 since it requires Bach + 5 years experience.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

EB2 or EB3?

Submitted by Guest (not verified) on Mar 8th 2013.

Hi.
I have bechlore degree( 4 Year) in pharmacy from india, have master degree in Phamaceutical manufacturing ( 2yr) from USA. problem is i have background in science but i am working in IT industry from last 3 year.I am making around 85-90K per year.

Can i file my GC under EB2 category? my employer suggest me to file under EB3. I have understanding that if i have us master degree then i can file under EB2. but my employer said your degree and work experience should match.

please give me a suggetion ASAP.

Thank You..!!!!

EB2 or EB3?

Submitted by Rajiv S. Khanna on Mar 9th 2013.

I think EB2 is possible even with an unrelated degree as long as employer has a good faith requirement for a Master's.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

EB2 advanced degree

Submitted by Fabian (not verified) on Mar 8th 2013.

Hi, thanks a lot for all this highly valuable information.
I was wondering whether I have better chances applying as advanced degree professional, or maybe exceptional ability.
I have a licentiate degree in Biotechnology from Argentina (equivalent to US M.Sc. degree). I was a valedictorian.
+ a 6 year Ph.D. in Molecular and Cellular Biology from Univ. of Massachusetts in the US.
+ 1 year postdoctoral research experience at Harvard Medical School in Boston MA.
1 1st author publication + 1 1st author to be submitted.
4 publications non 1st author.
Maybe 1 more from harvard job soon.
Thank you

EB2 advanced degree

Submitted by Rajiv S. Khanna on Mar 9th 2013.

EA appears highly unlikely. But go ahead and contact our office. We do not charge for reviewing resumes. http://www.immigration.com/contact

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

US BA + Post-Baccalaureate Certificate And EB2

Submitted by Sohail (not verified) on Feb 26th 2013.

I was wondering if US Bachelor Degree + 1 year Post-Baccalaureate Certificate(US) + 4 years Progressive Experience would be sufficient to qualify for EB2?

Thanks!

US BA + Post-Baccalaureate Certificate And EB2

Submitted by Rajiv S. Khanna on Feb 27th 2013.

No, Sohail.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

EB-2 NIW

Submitted by Misha (not verified) on Feb 20th 2013.

Hi Rajiv, Thanks for the great work. I have a Ph.D. (Cancer Biology) from U.S. university and currently in my 2nd yr of post-Ph.D. postdoc research work at U.S. Prior to joining Ph.D., I have 3 years of research work experience,India. In total, I have 2 first author, and one second author publication. I may be getting 2 more publications (1st and second author) by the end of this year, but since my husband is in 8th yr of H1 (with his labour on audit), we are in hurry to apply EB2-NIW. Should we wait until I get 2 more publications or apply EB2-NIW rightaway? Thanks in advance for your reply

EB-2 NIW

Submitted by Rajiv S. Khanna on Feb 21st 2013.

Misha, NIW's are notoriously difficult to predict. Every advantage you can get could only help.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

EB2

Submitted by Sharz (not verified) on Feb 15th 2013.

I have 3 years of Bcom(India)+2 years of M.Com(India) and 2 years of Masters(M.M.S) from india. Also have 5+ years experience. Can I file for EB2?

EB2

Submitted by Rajiv S. Khanna on Feb 17th 2013.

Looks like you can. Good luck!

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

EB2 - Education

Submitted by Guest (not verified) on Feb 11th 2013.

I have 3 year Bachelor of Science in Computer Science from India + 1 year Post Graduate Certificate in Computer Technology from Canada , after that I got admission to the 2nd year of 2 year M.Sc in Informaton Technology program in India. I also have 5 + year's experience after Master's degree.

with 3 yr (B.Sc) + 1 yr (PGD) + 1 yr (M.Sc)..Does this qualify as Foreign equivalent US Bachelor's degree in Computer Science/IT for EB2 purposes ?

EB2 - Education

Submitted by Rajiv S. Khanna on Feb 12th 2013.

For EB-2, incomplete education does not count. So, we are left with the degree and diploma. They need to be evaluated. May be....

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

M.Sc degree is not incomplete

Submitted by Guest (not verified) on Feb 12th 2013.

Hi Rajiv, My M.Sc degree is not incomplete. I have been awarded the final Degree certificate by the University.
Its just that I completed the conventional 2 year program in Just 1 year. Looking at your response, I am wondering if USCIS would see my M.Sc degree incomplete as well ?

New M.Sc degree is not incomplete

Submitted by Rajiv S. Khanna on Feb 13th 2013.

Ah! This is where the evaluators step in. We have had issues with USCIS in these situations. Evaluation done under EDGE database should convince USCIS.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Qualify for EB2?

Submitted by Gayathri (not verified) on Jan 31st 2013.

My husband has 3 yrs bachelors in computer science (india) + 10 years of experience in IT. Last year when he joined a company as full time, he was doing his masters and about to complete his master in another 3 weeks. His company started his GC processing now. His attorney's telling that there is a risk filing in EB2. Can you please advice, Is he eligible for EB2?

Qualify for EB2?

Submitted by Rajiv S. Khanna on Jan 31st 2013.

Did he finish his U.S. Masters? Is an an accredited degree?

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

EB2- Masters in Spanish

Submitted by analize (not verified) on Jan 29th 2013.

I am currently in my first h1b filed through my BA in Translation. My current employer wants to file my green card through my MA in a higher position that is about 50% different (MA in Spanish, new position: Spanish Curriculum Coordinator). Can i use my experience with current employer or NOT. If I do, is there a higher denial probability?

EB2- Masters in Spanish

Submitted by Rajiv S. Khanna on Jan 30th 2013.

Only your lawyers can answer this question. They will have to compare the two jobs.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Eb-2 Visa and ITAR

Submitted by Annelise Freeman (not verified) on Jan 29th 2013.

Does anyone know if an EB-2 visa will qualify you as a US person under ITAR?
Thanks,

Eb-2 Visa and ITAR

Submitted by Rajiv S. Khanna on Jan 30th 2013.

Annelise, that question is unclear. ITAR has nothing to do with EB2 or EB3.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

bachelors degree

Submitted by Guest (not verified) on Jan 22nd 2013.

Hi, I have a bachelors degree from usa will i be eligible in eb-2 or eb-3, will it change if i have a work experience.

bachelors degree

Submitted by Rajiv S. Khanna on Jan 22nd 2013.

EB-3, until you have 5 years of post bachelor's, progressively responsible experience.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

EB-2 category eligibility

Submitted by Ramprasad (not verified) on Jan 18th 2013.

I have done my bachelors in computer science from India which is a 3 year degree and then Post Graduate Diploma in Computer Applications (PGDCA) 1 year course and I have 6 years of experience post my PGDCA. Am I elgible for EB2 category?

EB-2 category eligibility

Submitted by Rajiv S. Khanna on Jan 22nd 2013.

That depends on whether or not your diploma is acceptable to USCIS. Check with your lawyers and get it evaluated. EB2 may be possible with the appropriate diploma.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Nonimmigrant Visas
Green Cards
Common Topics
Professions