You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a person who has exceptional ability. Second preference petitions are usually accompanied by a signed U.S. Department of Labor (DOL)-approved Form ETA-9089, Application for Permanent Employment Certification. A U.S. employer must file a Form I-140 on your behalf.
You must be a member of the professions holding an advanced degree (any U.S. academic or professional degree above a bachelor's, or a foreign equivalent, OR a U.S. bachelor's degree followed by at least 5 years of progressive experience in the specialty)
OR you must be a person with exceptional ability in the sciences, arts, or business (a degree of expertise significantly above that ordinarily encountered)
The offered position must be a professional occupation requiring at least a bachelor's degree for entry
You must meet any job requirements specified on the labor certification as of the priority date
A U.S. employer must file Form I-140 on your behalf with DOL-approved labor certification
02
Regulatory Criteria
1. Degree, Diploma, or Certificate
Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability.
Examples
University degrees in the relevant field
Professional diplomas or certificates
Awards from accredited institutions of learning
2. Ten Years Full-Time Experience
Letters from current or former employers documenting at least 10 years of full-time experience in your occupation.
Examples
Employment verification letters on company letterhead
Detailed job descriptions documenting full-time work
Evidence covering 10+ years in the occupation
3. License or Certification
A license to practice your profession or certification for your profession or occupation.
Examples
State professional licenses
Industry certifications
Professional credentials required for the occupation
4. High Salary or Remuneration
Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability.
Examples
Pay stubs or tax returns showing high compensation
Employment contracts with salary information
Comparative salary data demonstrating above-average remuneration
5. Professional Association Membership
Membership in professional association(s) in your field.
Examples
Professional society memberships
Industry association memberships
Trade organization affiliations
6. Recognition for Achievements
Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations.
Examples
Awards from professional organizations
Recognition from government entities
Acknowledgment from peers or business organizations
03
Application Process
Job Offer
Obtain permanent job offer from U.S. employer in a professional occupation requiring at least a bachelor's degree.
Prevailing Wage
Employer requests prevailing wage determination from DOL for the position.
Recruitment
Employer conducts required recruitment to test the U.S. labor market.
PERM Filing
Employer files ETA-9089 with Department of Labor (or via FLAG system for applications after June 1, 2023).
PERM Approval
DOL reviews and approves the labor certification (Final Determination).
I-140 Filing
Employer files Form I-140, Immigrant Petition for Alien Workers, within 180 days of PERM approval.
I-140 Approval
USCIS adjudicates the immigrant petition.
Green Card
When priority date is current, file for Adjustment of Status or Consular Processing.
04
Key Benefits
Path to permanent residency through employment
Spouse and unmarried children under 21 eligible for E-21 and E-22 immigrant status
Premium Processing available for I-140 petition
Schedule A occupations may bypass individual labor certification
Clear employer-sponsored pathway to Green Card
05
Documents Needed
Valid Passport
Official Academic Records (transcripts, diplomas)
Credential Evaluations (if foreign degree)
CV / Resume
Letters from Employers (documenting 5+ years progressive experience if using Bachelor's equivalency)
Professional Licenses or Certifications
Evidence of Exceptional Ability (if applicable - 3 of 6 criteria)
Approved PERM Labor Certification (ETA-9089 / Final Determination)
Prevailing Wage Determination
06
Frequently Asked Questions
What is an 'advanced degree' for EB-2?
An advanced degree is any U.S. academic or professional degree or a foreign equivalent degree above that of bachelor's. A U.S. bachelor's degree (or a foreign equivalent degree) followed by at least 5 years of progressive experience in the specialty is considered the equivalent of a master's degree.
What is 'exceptional ability'?
Exceptional ability means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. You must meet at least 3 of the 6 criteria and demonstrate this higher level of expertise in the totality of your evidence.
What are Schedule A occupations?
Schedule A occupations do not require DOL-approved labor certification because DOL has already determined there are not sufficient U.S. workers. Group I includes professional nurses and physical therapists. Group II includes beneficiaries with exceptional ability in the sciences or arts (including college and university teachers) and immigrants of exceptional ability in the performing arts.
What is the difference between EB-2 PERM and EB-2 NIW?
EB-2 PERM requires employer sponsorship and labor certification demonstrating no qualified U.S. workers are available. NIW allows self-petitioning without a job offer by showing your work is in the national interest of the United States.
Can I bring my family?
Yes. If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-21 and E-22 immigrant status, respectively.
What if my degree is in a different field than my job?
Progressive experience in a field unrelated to the bachelor's degree does not equate to an advanced degree in that field. For example, a bachelor's degree in chemistry followed by 5 years of experience as a restaurant manager generally does not equate to a master's degree in chemistry. The experience must relate to the specialty.
07
Fees
Attorney Fee for PERM
$6,000 (Initial $2,000; then $500/month)
PERM Advertisement Fee (location-dependent)
$500-$5,000
Attorney Fee for I-140
$1,800
USCIS Fee for I-140
$715
Premium Processing (optional)
$2,805
Asylum Program
$600/$300/$0
Fees are estimates and may change. Contact us for a quote for your specific case.
Need help with your immigration case?
Hasan Legal PC attorneys handle USCIS petitions, family immigration, employment-based green cards, and naturalization across Washington DC, Virginia and Maryland.