The second employment-based preference covers aliens with advanced degrees in professional fields and aliens of exceptional ability in the sciences, arts, or business.
There are three features of EB-2
1. Subject to labor certification requirement. If the job offer is waived by the USCIS in the national interest, the alien is not subjected to the labor certification requirement.
2. Allotted about 40,000 annual visas, plus any visas unused in the first employment-based preference.
3. Immediate family member can also immigrate with the employment-based immigration. No separate immigration visa petition is required.
Exceptional ability means a degree of expertise significantly above that ordinarily encountered in the sciences, art, or business. To prove exceptional ability, at least 3 of the following must be provided:
a) A degree, diploma, certificate or similar award from a college, university, school or other institutions
b) At least ten years of experience in the occupation;
c) A license or certification for the particular profession or occupation;
d) Evidence that the alien has commanded a salary for services which demonstrates exceptional ability;
e) Membership in professional associations (no requirement that members have outstanding achievements);
f) Recognition for achievements and contributions by peers, government entities, professional or business organizations.
If the above standards do not apply to the petitioner's occupation, other comparable evidence of eligibility is also acceptable.