Visa Categories

PROFESSIONALS & PERSONS OF EXCEPTIONAL ABILITY

The employment based second preference category is divided into:

Members of “The Professions”

This category includes, but is not limited to, architects, engineers, lawyers,physicians, surgeons, and teachers in elementary or secondary schools, colleges,academia, or seminaries. It also includes any occupation for which a U.S. baccalaureate degree (or foreign equivalent) is the minimum requirement for entry into the occupation. For member of the professions, advanced degree means any U.S. academic or professional degree (or foreign equivalent degree) above that of a baccalaureate. A bachelor degree plus five years of progressive experience in the professions is considered as the equivalent of a master's degree.

Aliens of Exceptional Ability

An alien will qualify for registration in this category if he or she is seeking to enter in the United States in his or her field and the entry of such alien will substantially benefit prospectively the national economy, cultural, or educational interests, or welfare of the United States.

Exceptional ability has been defined as something more than what is usual, ordinary, or common, and requires some rare or unusual talent, or unique or extraordinary ability in a calling which, of itself, requires that talent or skill. The possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice, or certification for a particular profession or occupation, shall not, by itself, be considered sufficient evidence of such exceptional ability.

Do you qualify for the employment based second preference category?

A specific offer of employment is required in order to qualify for immigration in the employment based second preference category. The prospective employer is required to contact the local state employment office for information on filing for labor certification to show that there are no qualified U.S. workers available for the proposed employment. If labor certification is approved, the certification is filed together with an immigrant visa petition, form I-140, with the office of the U.S. Citizenship and Immigration Services (USCIS) having jurisdiction over the area of intended employment.

Those seeking employment in the exceptional ability category, may seek an exemption from the job offer requirement and may file a petition on his or own behalf. Further information may be obtained from USCIS office having jurisdiction over the area of intended residence.

Note: The decision whether a person is qualified for registration in the employment based second preference category is made by USCIS. Questions about eligibility for such status or filing a petition should be addressed to the appropriate USCIS office. The Embassy cannot answer questions concerning eligibility to register in this category.

For more detailed information on this immigration category please click here.