EB-2: Requirements & Procedures
Foreign Medical Professionals
The Employment Based, second preference (EB-2) immigrant visa category is for Foreign Medical Professionals (FMP) with advanced degrees and an exceptional ability in the fields of science and medicine. An approved Labor Certification and valid job offer must generally accompany the EB-2 petition. However, a FMP may request an exemption from the labor certification and job offer requirements through an EB-2 National Interest Waiver (NIW) petition. Below are three EB-2 “Sub-Categories” applicable to the Foreign Medical Professional:
I. EB-2: Foreign Medical Professional Holding Advanced Degree.
The FMP must be applying for a job that requires an advanced degree. The FMP must actually possess: (A) an advanced degree; or (B) its equivalent (Baccalaureate Degree + Five (5) Years Progressive Work Experience).
- Advanced Degree. The USCIS requires the FMP to possess a degree beyond a Bachelor’s degree – such as a Ph.D or Master’s. The degree must be from a United States accredited University or a recognized and accredited advanced degree from a foreign country.
- Baccalaureate Degree Plus Five (5) Years Progressive Work Experience. If the FMP does not hold an Advanced Degree (i.e. Ph.D), the FMP must demonstrate at least five (5) years of progressive working experience in the profession and his/her area of expertise. A combination of lower-education and working experience will not meet the USCIS requirements for “equivalent”. To be equivalent this must be a recognized [baccalaureate] degree plus 5-years progressive work experience.
If you believe you may qualify as an EB-2 “Advanced Degree” Petitioner, please complete the EB-2: FMP Holding Advanced Degrees Questionnaire. An Immigration Lawyer from our Foreign Medical Professional Practice will evaluate your submission and contact you directly.
NOTE: Merely having an advanced degree or its equivalent is not enough to qualify for an EB-2 petition. The job that the Foreign Medical Professional is seeking must require this within the job description. If you believe you may qualify for the “Advanced Degree” category and do not have a job offer, please see the National Interest Waiver discussion below.
II. EB-2: Foreign Medical Professional with Exceptional Ability in the Sciences.
An FMP must establish that their exceptional ability in the field of science and medicine (or business) will “substantially benefit the national economy, cultural, education interest, or welfare of the United States of America.”
- Exceptional Ability. The FMP must have a recognized degree and an established expertise that is significantly above that normally found within the specific area of science or medicine.
If you believe you may qualify for this category and have a job offer, please complete and submit the EB-2: FMP Exceptional Ability in Sciences Questionnaire. An Immigration Lawyer from our Foreign Medical Professional Practice will evaluate your submission and contact you directly.
NOTE: If you believe you may qualify for the “Exceptional Ability” category and do not have a job offer, please see the National Interest Waiver discussion below.
III. EB-2: National Interest Waiver.
The EB-2 immigration categories above require the Foreign Medical Professional to have a job offer and a Labor Certification issued by the Department of Labor (DOL). However, the FMP may request a waiver of the offer of employment and a waiver of the labor certification by establishing that his/her admission to permanent residence in the United States will be in the National Interest. In other words, the NIW does not require a specific offer of employment.
Altogether, an FMP filing an EB-2 “National Interest Waiver (NIW)” petition must qualify as either having “Exceptional Ability” or an “Advanced Degree” as defined above.
- NIW petitions may be filed by the FMP directly (i.e. without a sponsor);
- NIW petitions may be filed by the employer (i.e. sponsor);
- While the NIW is pending the FMP may make additional green card application(s) in other categories;
- An FMP may apply for an NIW even if you are on an F1 status.
While the U.S. Citizenship and Immigration Services (USCIS) has not established specific criteria for approving National Interest Waiver petitions, many USCIS examiners take the following general factors into consideration:
- Improving the U.S. economy;
- Improving wages and working conditions of U.S. workers;
- Developing education and training programs for U.S. children and under-qualified workers;
- Improving health care;
- Providing more affordable housing for young and/or older, poorer U.S. residents;
- A request from an interested U.S. government agency or improving international cultural understanding
Please read more details about the National Interest Waiver requirements here. If you believe you may qualify for an EB-2 (NIW) category please complete and submit the EB-2: National Interest Waiver Questionnaire. An Immigration Lawyer from our Foreign Medical Professional Practice will evaluate your submission and contact you directly.
Contact Davies & Associates Offices in United States
Check all of our locations around the world.
New York Office
200 E69th Street, 2N,New York , NY 10022
Map and Driving Directions
Los Angeles Office
601 South Figueroa Street Suite 4050 Los Angeles, CA 90017
Map and Driving Directions
155 N. Upper Wacker Dr. Suite 4250 Chicago, IL 60606
Map and Driving Directions
80 S.W. 8th St Suite 2000 Miami, FL 33130
Map and Driving Directions
18881 von Karman Avenue, Suite 220F, Irvine, CA 92612
Map and Driving Directions
1075 Peachtree Street NE Suite 3650 Atlanta, GA 30309
Map and Driving Directions
I had a great experience with Davies & Associates. They are very thorough in the approach and their have experts in this field who know the domain very well.I would certainly be leaning onto them for any future needs as well.
Thanks to them for handling my E2 visa very professionally. I had a study visa from F1 and changed it to E2. I encountered many problems during the application process. Verdie and Etta were very patient in helping me and it took a long time. I highly recommend this place.
Outstanding Immigration Attorney: Highly Recommended! Rating: ⭐️⭐️⭐️⭐️⭐️ (5/5) I had the pleasure of working with Verdie Atienza and his team at Davies & Associates , a top-notch immigration attorney in the United States. Their professionalism, expertise, and dedication throughout the process were exceptional. With in-depth knowledge of immigration law, they provided accurate advice and addressed all my concerns, instilling confidence. Verdie Atienza and his team meticulously reviewed my documentation and maintained excellent communication, keeping me updated regularly. What sets Davies & Associates apart is their unparalleled attention to detail. Communication with Verdie Atienza and his team in USA and Sukanya Raman in India was always prompt and efficient. They promptly returned my calls and emails, providing regular updates on the progress of my case. This level of responsiveness and transparency significantly reduced my stress levels, as I knew I could rely on their support and guidance throughout the entire process. Their personalized approach, ethical conduct, and genuine care for my success made them an outstanding attorney. I highly recommend Davies & Associates for all your immigration needs.
Getting my E2 Visa was a very in-depth process that took just over a year from when I committed to it, but 8 months from when I found a business I wanted to purchase. The only reason I'm giving 4 and not 5 stars is because the timeframe was a lot longer than expected from the initial information. Aside from the timing, Verdie and his team led me through the Visa process, providing all the guidance I needed to be successful, including advising me on the RIGHT type of Visa to suit my goals. Within the process I purchased a business and the greater Davies team included lawyer Rinat who helped me put the deal together. One of the biggest parts was my Business Plan which created from my info by Ana Ortiz, who did an incredible job. The process is certainly tedious and Verdie & Christina were always there to answer my questions, provide suggestions and advice and ensure I had all the documents I needed to support my application. I appreciated their patience with my questions and their advice and in the end, the application was so thorough the interview process was quick and easy. I highly recommend Davies & Associates and look forward to working with them again when it's time to renew my Visa.
We were in a hurry and Verdie and the team were highly responsive and supportive, even when we threw in some curve balls along the way. We had our visas approved without any issues and felt confident and well prepared for document submissions and the interview. I'd certainly recommend this team for an E2 visa process.
Several lawyers told me I would not be able to get a TN visa. Two weeks after contacting Davies & Associates I was working in New York, visa in hand.Individual seeking 'Impossible' TN Visa
D&A was very detail-oriented and was very thorough in what they did” L1 Visa Client. There was a lot of work on my case and worked on it 24/7 and was very patient answering all my questions.E2 Visa Client
My case felt complex but D&A managed the whole process carefully and helped me move seamlessly from one stage to the next.E2 + CBI Client
D&A was my guiding light through the entire EB5 Process.EB5 Visa Client
I would definitely be a big advocate for the rest of my life for anyone wanting to explore the Grenada Citizenship by Investment Programme leading to the E2 Visa. The most important thing is a good team behind you.. with Davies & Associates you’re in safe hands… you need someone who can give you all the support at the ground level and, again, you are well take care of by D&A. The people are really warm, very helpful and quite openminded when it comes to business… Not to mention as a passport it’s great from a travel perspective…It’s just 4/5 hours from New York.Grenada CBI + E2 Visa Client
The entire process of getting an EB5 visa is handled in a professional way by Mark Davies and his team. EB5 is a wonderful option for anyone considering moving to the United States if you have the means. I was hoping to use the H1B route for my children, but it became unreliable and so I looked to the EB5 Visa instead. It is great for anyone who has the resources. Mark gives you the first meetings himself which gives you great comfort. Both Mark and Sanjay are abundantly available and I even had the pleasure of hosting them at my house.Parent of 2 EB5 Visa Holders
I'm in a process of extending my L1 visa. I submitted a few questions regarding my case and he contacted me back almost immediately both by e-mail and telephone. Unlike other attorneys I met before, he gave me the impression of knowing from the top of his head what kind of visa I have, and what actions had to be taken to extend it. He is very thorough and clear regarding the process and what to expect in terms of timelines and issues that may arise. He is constantly in contact, so you definitely know he's working on your case.L1B Visa Holder
Mark Davies is a joy to work with. His extensive knowledge, speedy response and attentive service took away all my fears of dealing with immigration and visa applications. He is very generous with his time in explaining every step along the way and I have already and will in the future recommend him to anybody who is looking for an immigration lawyer.E2 Visa for Small Professional Business With International Offices
Davies & Associates assisted us with an immigration emergency involving my brother's fiancée who was outside the United States. They assisted us in an highly professional manner, working with the relevant US embassy, US immigration and the governments of two other countries. As a result of their efforts the individual involved is now working in the United States. While their knowledge of the law is exemplary what really distinguishes this firm and attorney Davies from any other firm we have worked with is their dedication to customer service and their unrivaled level of professionalism.Complex Fiancée Visa Need Involving Multiple International Jurisdictions
Several lawyers told me I would not be able to get a TN visa. Two weeks after contacting Davies & Associates I was working in New York, visa in hand. I have recommended this firm to several friends and colleagues, they do an excellent job every time.Individual Seeking 'Impossible' TN Visa
I was qualified as a physician in a foreign country. Being on a J1 visa I was facing having to leave the United States and return to my home country. Davies & Associates secured one of only 30 J1 visa waivers available in my State, allowing me to work for a US hospital and remain in the United States.Doctor Seeking J1 Visa Waiver
I am very satisfied with the services Mark Davies has provided me. He has a very extensive knowledge in immigration laws and has a thorough approach to any case.U Visa Applicant, A Victim of Crime
Looking to relocate or having trouble with a visa applicaton?
We are known for our creative solutions that obtain "impossible" visas, we solve the most complex immigration problems for business, investors, individuals and families.Request Free Consultation