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EB2 Legal Requirements:
Aliens who are members
of the professions holding advanced degrees or aliens of
exceptional ability.
Advanced degree means
any United States academic or professional degree or a
foreign equivalent degree above that of baccalaureate,
or a United States baccalaureate degree or a foreign
equivalent degree followed by at least five years of
progressive experience in the specialty.
Any United States
employer may file a petition.
Generally, every
petition under this classification must be accompanied
by an individual Labor Certification from the Department
of Labor [PERM].
Document Preparation
Initial evidence. The
petition must be accompanied by documentation showing
that the alien is a professional holding an advanced
degree or an alien of exceptional ability in the
sciences, the arts, or business.
An official academic
record showing that the alien has a United States
advanced degree or a foreign equivalent degree; or
An official academic
record showing that the alien has a United States
baccalaureate degree or a foreign equivalent degree, and
evidence in the form of letters from current or former
employer(s) showing that the alien has at least five
years of progressive post-baccalaureate experience in
the specialty.
EB3 Legal Requirements: Skilled worker means
an alien who is capable, at the time of petitioning for
this classification, of performing skilled labor
(requiring at least two years training or experience),
not of a temporary or seasonal nature, for which
qualified workers are not available in the United
States. Relevant post-secondary education may be
considered as training for the purposes of this
provision.
Professional means a
qualified alien who holds at least a United States
baccalaureate degree or a foreign equivalent degree and
who is a member of the professions.
Other worker means a
qualified alien who is capable, at the time of
petitioning for this classification, of performing
unskilled labor (requiring less than two years training
or experience), not of a temporary or seasonal nature,
for which qualified workers are not available in the
United States.
Document Preparation
Every petition under
this classification must be accompanied by an individual
labor certification from the Department of Labor. [Link
to PERM page 8]
General. Any
requirements of training or experience for skilled
workers, professionals, or other workers must be
supported by letters from trainers or employers giving
the name, address, and title of the trainer or employer,
and a description of the training received or the
experience of the alien.
Skilled workers. If the
petition is for a skilled worker, the petition must be
accompanied by evidence that the alien meets the
educational, training or experience, and any other
requirements of the individual labor certification,
meets the requirements for Schedule A designation, or
meets the requirements for the Labor Market Information
Pilot Program occupation designation. The minimum
requirements for this classification are at least two
years of training or experience.
Professionals. The
petition must be accompanied by evidence that the alien
holds a United States baccalaureate degree or a foreign
equivalent degree and by evidence that the alien is a
member of the professions. Evidence of a baccalaureate
degree shall be in the form of an official college or
university record showing the date the baccalaureate
degree was awarded and the area of concentration of
study. To show that the alien is a member of the
professions, the petitioner must submit evidence showing
that the minimum of a baccalaureate degree is required
for entry into the occupation.
Other workers. If the
petition is for an unskilled (other) worker, it must be
accompanied by evidence that the alien meets any
educational, training and experience, and other
requirements of the labor certification.
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