Because the United States allocates its annual allotment of many alien visas using a preference system, understanding the criteria by which aliens may qualify for visas is crucial. Three categories of aliens may qualify for EB-2 visas. The first category includes aliens with advanced degrees or their equivalents. The second category includes aliens whose exceptional ability in science, art, or business will provide a substantial benefit to the U.S. economy, to the cultural or educational interests of the U.S., or to the U.S. welfare. The third category consists of physicians who will provide medical services in an underserved area.

To be classified as eligible for EB-2 visas, individual labor certifications from the Department of Labor must be provided or a waiver of the certification requirement must have been requested and received.

What Documentation Is Required?

The documentation that must support a petition for an EB-2 visa depends upon whether the alien is seeking admission as an alien with an advanced degree, as an alien with exceptional ability, or as a physician who will work in an underserved area.

Aliens With Advanced Degrees

A petition seeking an EB-2 visa for a foreign professional holding an advanced degree must be accompanied by official documentation showing the receipt of a degree beyond a baccalaureate degree, such as an official academic record showing that the alien completed a U.S. or foreign advanced degree program. Alternatively, the petition may be accompanied by documentation showing the receipt of a baccalaureate degree and progressive post-baccalaureate experience in the area, such as letters from the alien's employers.

Aliens With Exceptional Ability

Petitions seeking EB-2 visas for aliens with exceptional ability must demonstrate that at least three of the following criteria are satisfied or that three comparable standards are met:

• The alien completed an educational program in the scientific, art, or business area of expertise.
  
• Documentation of at least 10 years of full-time experience in the alien's occupation.
  
• Licensure or certification in the alien's occupation.
  
• Receipt of high remuneration in relation to others in his or her field.
  
• Professional association memberships.
  
• Peer, governmental, or professional recognition for his or her achievements and contributions in the field.

Physicians In Underserved Areas

Qualified alien physicians are relieved of the EB-2 application requirement of providing individual labor certifications, but they must still meet all of the other eligibility requirements for EB-2 visas.

To qualify for the national interest waiver of the certification requirement, the following evidence must be submitted for every underserved area in which a physician intends to practice:

• If the physician will work for someone else, either a full-time employment contract for five years or a Veterans Administration commitment letter for a five-year period.
  
• If the physician will work in his own practice, a sworn statement committing to a five-year full-time medical practice, along with a description of the steps taken in establishing the practice.
  
• Evidence that the physician will either work in a specialty and geographical area officially designated as having a shortage of health care professionals or in a Veterans Administration facility.
  
• A letter from either a federal agency with knowledge of the physician's qualifications and background or from a parallel state agency with jurisdiction over the area in which the physician intends to practice that states that the physician's practice will serve the public interest.
  
• Evidence that the physician is admissible to the U.S.
  
• Evidence that certain statutory waivers apply, if the physician has been receiving U.S. medical training under a J-1 nonimmigrant visa.

How Do I Apply?

Usually, the alien's employer must file a petition for an alien worker with U.S. Citizenship and Immigration Services. Most applications must also contain an individual labor certification from the U.S. Department of Labor. Workers with exceptional abilities may apply for a waiver of the certification requirement, and physicians working in underserved areas may also receive a national interest waiver of the labor certification requirement. More information on individual labor certifications is available at http://www.doleta.gov/.