The second preference category of employment-based immigration, known as EB-2, includes aliens of exceptional ability and aliens holding advanced degrees in professional fields. 

How many of these visas are available annually?

Each year the second preference category is allotted about 40,000 visas, including any not used in the first preference.  Generally, this is a sufficient number of visas and there is no backlog.  There is no distinction in the allocation of visas between the two-second preference subcategories.  As a general rule, a labor certification is required, although in some cases a national interest waiver is available. 

Who is considered to be an Alien of Exceptional Ability?

The key to demonstrating exceptional ability is to show that the applicant possesses a level of expertise above that which would normally be encountered in the field.  Exceptional ability is limited to aliens in the fields of arts, science and business.  After some debate, it now seems clear that for purposes of this category, athletics are to be considered an art.

What evidence must be included in an EB-2 application for exceptional ability?

In making the exceptional ability application, the USCIS requires at least three of the following types of evidence:

• Evidence of ten years of full time experience in the field in which employment is sought (typically in the form of letters from past employers); 
• Evidence of a high salary or other form of payment that indicates exceptional ability; 
• Evidence of membership in professional associations; and 
• Evidence of recognition by peers or professional associations for achievements and contributions to the field. 

Other comparable evidence may be submitted.

In addition to the evidence listed above, EB-2 applications must also include a copy of an approved labor certification.

What is a labor certification? 

Labor certifications are documents that signify that the US Department of Labor has reviewed a position and determined that US workers with the minimum qualifications necessary to do the job are not immediately available. Employers need to go through an extensive recruiting process in order to get a labor certification and an EB-2 petition must include a copy of an approved labor certification.

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