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EB-2 (2nd Preference Professionals with Advanced Degrees & Persons with Extraordinary Ability
Second preference employment-based immigrants who fall under this category must be members of professions demanding advanced degrees or their equivalent. Moreover, individuals possessing exceptional ability in the sciences, arts or business may be classified under this preference.
Prospective immigrants must hold an advanced degree beyond the baccalaureate, as well as a minimum of five years of progressively responsible employment experience beyond the acquisition of the baccalaureate.
In contrast to the first preference classification, the second preference requires a job offer and a an employer's petition. Prior to such petition, the employer must file an individual labor certification with the Department of Labor; upon approval, the labor certification is then filed in conjunction with the "Petition for Alien Worker."
A waiver of the labor certification process may be requested only if the immigrant worker possesses "exceptional ability in the sciences, arts or business." Such a waiver is entitled a "National Interest Waiver" or "NIW."
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