EB-2 Professionals Holding Advanced Degrees or

Individuals with Exceptional Ability

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The EB-2 immigrant status provides permanent residency to qualifying foreign nationals who are  professionals holding advanced degrees or who are individuals with exceptional abilities.  EB-2 recipients must possess an offer of employment and must obtain a labor certification (unless a National Interest Waiver is obtained).

Who is Eligible:

The EB-2 immigrant status is available to two distinct categories of individuals.  Individuals with exceptional abilities in the sciences, arts or business are eligible for the status.  As are professionals holding advanced degrees (or the equivalent).  Applicants must possess an employment offer to work in the United States and must obtain a labor certification.


A foreign national seeking to gain permanent residency as an individual with exceptional ability must demonstrate at least three of the following:

  • Possessing a degree relating to the area of exceptional ability
  • Letter from current or former employer showing at least 10 years experience
  • license to practice profession
  • person has commanded a salary or remuneration demonstrating exceptional ability
  • membership in professional associations
  • recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organization.

A foreign national seeking to gain permanent residency as a professional holding an advanced degree need not actually have an advanced degree.  Instead, it may be possible to demonstrate that a mixture of education and experience is the equivalent of an advanced degree.  For more information please contact Gafner Law Firm.

After Obtaining Permanent Residency:

Citizenship: After five years of permanent residency, the EB-2 recipient may be eligible to become a naturalized U.S. citizen.
Travel Abroad: After obtaining permanent residency, an EB-2 recipient may be able to freely travel abroad.  However, care must be taken to ensure that the permanent resident does not “abandon” his or her permanent residency by staying abroad for a significant amount of time.

More Information:

If you think you may be eligible for EB-2 immigrant status as a professional with an advanced degree or as an individual with exceptional abilities, please contact Gafner Law Firm.  Additionally, more information may be available at the USCIS website.