Foreign professionals with advanced degrees and those with exceptional ability may qualify for EB2 visas. EB2-1 classification can be obtained by foreign nationals, who are members of the professions and who hold advanced degrees, including a person who holds a baccalaureate degree and has at least five years progressive experience in the profession. EB2-2 is available for individuals who possess “exceptional ability” in the sciences, arts or business.
To obtain an EB2-1 and EB2-2, the employer must file a labor certification with the U.S. Department of Labor, showing that there are no United States workers available that are qualified for the specific position applied for. The employer must conduct recruitment as directed by the Department of Labor. The recruitment process includes the posting a advertisement in a professional or major publication. It must be noted that if a minimally qualified United States worker has applied for the position the labor certification would not be granted.
Once the Labor Certification is approved by the Department of Labor, the employer may file an immigrant visa petition with the US Citizenship and Immigration Service (CIS). Upon the approval of the visa petition, the foreign national may obtain the visa at the U.S. consulate abroad.