If your I-140 approval notice says you are a “member of the professions with an advanced degree or of exceptional ability, section 203(b)(2),” it means you have been approved for the Employment-Based Second Preference (EB-2) immigrant visa category. This is a big step toward getting a green card in the United States 🇺🇸. But what does this really mean for you, and do you truly qualify? Here’s a clear guide to help you understand the eligibility rules, requirements, and what to do if you don’t meet them yet.
Who Qualifies for EB-2?
You may qualify for the EB-2 category if you fit into one of these two groups:
- Advanced Degree Professional: You have an advanced degree (like a master’s or higher) or a bachelor’s degree plus at least five years of progressive, post-bachelor’s work experience in your field.
- Person of Exceptional Ability: You have a level of skill or knowledge in the sciences, arts, or business that is much higher than what is usually found in your field.
Let’s break down each group so you can see where you fit.
1. Advanced Degree Member of the Professions
To qualify under this part, you must show:
- A U.S. advanced degree (master’s, Ph.D., M.D., J.D., etc.) or a foreign equivalent.
Example: If you have a master’s degree in engineering from India, and it is recognized as equal to a U.S. master’s, you meet this part. - OR a U.S. bachelor’s degree (or foreign equivalent) plus at least five years of progressive, post-degree work experience in your field.
Progressive means your work got more complex or you took on more responsibility over time.
What counts as an advanced degree?
A master’s, doctorate, or any degree above a bachelor’s. If you only have a bachelor’s, you must also have those five years of higher-level work experience after you got your degree.
What does “progressive experience” mean?
Your jobs should show you learned more or did harder tasks as you moved forward. For example, you started as a junior engineer and became a project manager after a few years.
Disqualifying Factors for Advanced Degree:
- Your degree is not recognized as equal to a U.S. advanced degree.
- Your work experience is not in the same field as your degree.
- You do not have at least five years of work experience after your bachelor’s degree.
- Your work experience does not show increasing responsibility or complexity.
2. Exceptional Ability
If you don’t have an advanced degree, you might still qualify if you have “exceptional ability.” This means your skills or knowledge are much higher than most people in your field.
To prove exceptional ability, you must meet at least three of these six requirements:
- Official academic record showing you have a degree, diploma, or certificate related to your field.
- Letters from employers showing at least 10 years of full-time experience in your field.
- A license or certification to practice your profession.
- Evidence of a high salary or other pay that shows your exceptional ability.
- Membership in professional associations related to your field.
- Recognition for your achievements and significant contributions to your field by peers, government, or professional organizations.
If your job doesn’t fit these exact requirements, you can submit other similar evidence, as long as it clearly shows your exceptional ability.
Disqualifying Factors for Exceptional Ability:
- You cannot meet at least three of the six listed requirements.
- Your evidence does not show your skills are much higher than usual in your field.
- Your exceptional ability is not related to the job you want in the United States 🇺🇸.
National Interest Waiver (NIW) Option
Some people in the EB-2 category can ask for a National Interest Waiver (NIW). This means you do not need a job offer or labor certification if you can show:
- Your work has great value and importance for the United States 🇺🇸.
- You are well-positioned to keep doing this important work.
- It would help the United States 🇺🇸 to let you skip the job offer and labor certification steps.
If you qualify for an NIW, you can file the I-140 petition yourself, without an employer. You must still show you meet the advanced degree or exceptional ability requirements.
Disqualifying Factors for NIW:
- Your work does not have clear national importance or value.
- You cannot show you are likely to keep making a big impact in your field.
- You do not meet the basic EB-2 requirements.
What If You Don’t Qualify?
If you do not meet the EB-2 requirements, here are some other options:
- EB-3 Visa: For skilled workers, professionals, and some other workers. The requirements are lower, but the wait time may be longer.
- Gain More Experience or Education: If you are close to qualifying, you can work toward an advanced degree or gain more progressive experience.
- Improve Your Evidence: For exceptional ability, gather more proof of your skills, such as awards, publications, or letters from experts.
- Consult an Immigration Attorney: They can help you find the best path based on your background.
How to Improve Your Chances
- Prepare strong evidence: Collect diplomas, work letters, licenses, and proof of achievements.
- Show clear links: Make sure your degree and experience match the job you want in the United States 🇺🇸.
- Keep records updated: If you gain new skills or awards, add them to your file.
- Check the latest rules: USCIS updates its policies often. Always use the latest guidance from the USCIS Policy Manual.
Next Steps After I-140 Approval
- Check your priority date: Look at the Visa Bulletin to see if you can move forward.
- File Form I-485 (if you are in the United States 🇺🇸) or apply for an immigrant visa at a U.S. consulate if you are abroad. You can find the official Form I-485 here.
- Attend biometrics and interview: USCIS may ask for fingerprints and an interview.
- Wait for your green card: If approved, you become a lawful permanent resident.
Summary
Your I-140 approval notice under section 203(b)(2) means you have met the requirements for the EB-2 category as a professional with an advanced degree or as a person of exceptional ability. This is a key step toward a green card. If you do not qualify yet, you can work on your education, experience, or evidence. As reported by VisaVerge.com, recent USCIS updates stress the need for clear, strong proof and matching your skills to your job. Always check official sources and consider legal advice to improve your chances of success.
Learn Today
I-140 → USCIS petition form used to apply for employment-based immigrant visas in the United States.
EB-2 → Employment-Based Second Preference visa category for advanced degree professionals or individuals with exceptional ability.
Exceptional Ability → A skill level significantly above average in sciences, arts, or business qualifying for EB-2 without advanced degree.
National Interest Waiver → A waiver allowing EB-2 applicants to bypass labor certification if work benefits U.S. national interests.
Progressive Experience → Work experience showing increasing responsibility and skill after obtaining a bachelor’s degree.
This Article in a Nutshell
The EB-2 visa category covers professionals with advanced degrees or exceptional ability in their fields. Approval means progress toward U.S. permanent residency with options like National Interest Waiver to skip labor certification steps if eligible.
— By VisaVerge.com
