When an employer (after having received PERM labor
certification) files an initial visa petition (Form I-140) for an EB-2 worker
to receive a green card, it must include a large number of supporting
documents. These serve to prove that the would-be immigrant has the background
and qualifications to apply in the second-preference-worker category and to
match the offered job.
Below is a handy checklist of the documents that will be
needed within each subcategory of the EB-2 employment visa.
In the Second Preference/ National Interest Waiver Subcategory of EB-2
If you are an applicant filing your own visa petition based
on a requested national interest waiver of the job offer and labor certification
requirements, you’ll need to include the following with your visa petition:
- DOL Form ETA-750, Part B only, and
- Written statement, support letters from
colleagues and experts in your field, and other documentation explaining why an
exemption from the job requirement is in the U.S. national interest.
In the Professional of Exceptional Ability in the Sciences, Arts, or
Business Subcategory (EB-2B)
If the employee will be seeking an EB-2B visa, the petition
will need to include either:
- An official academic record, showing that the
employee has either a U.S. advanced degree or an equivalent foreign degree, or
a U.S. baccalaureate (B.A.) or equivalent foreign degree together with letters
from the employee’s current or former employers showing that he or she has at
least five years of progressive post-baccalaureate experience in his or her
- At least three of the following:
- Evidence that the employee has an academic
degree, diploma, certificate, or similar award from an institution of learning
relating to the area of exceptional ability.
- Evidence of at least ten years of full-time
experience in the field (letters from current or former employers).
- A license or certification to practice the profession.
- Evidence that the employee has commanded a
comparatively high salary or other compensation.
- Evidence of membership in professional
- Evidence of recognition for achievements and
significant contributions to the industry or field. This recognition should
come from peers, governmental entities, or professional or business
- If none of the above types of evidence fits the
occupation, submit comparable evidence of eligibility.
If The Employer Did Not Seek a Labor Certification Because It's a "Schedule
Regardless of which subcategory the worker is in, the
employer may have been able to skip the labor certification part of the process
if the job is one of those listed on “Schedule A.” If so, documents to add to
the I-140 petition include:
- An original and one copy of Application for
Permanent Employment Certification (Form ETA-9089), including a prevailing wage
determination from the SWA. The form need not be certified, but must be signed
by an authorized official of the petitioning company.
- Evidence of compliance with the posting/union
notification requirements, including a copy of the posted notice and of any
in-house postings via electronic or other media.
Schedule A, Group I: Medical Occupations
In Group I of Schedule A, also add to the I-140 petition:
- Evidence that notice of filing the Application
for Permanent Employment Certification was provided to the bargaining representative
of the employer’s employees.
Physical Therapists (Subcategory of Group I)
For physical therapists, submit either:
- Copy of a U.S. state physical therapist license,
- Letter from the state physical therapy licensing
agency stating that the therapist meets all the qualifications to sit for the
Registered Nurses (Subcategory of Group I):
For registered nurses, submit either:
- Copy of a full and unrestricted state nursing
license to practice in the state where the nurse will be employed
- Copy of the nurse’s certificate from the
Commission on Graduates of Foreign Nursing Schools (CGFNS) , or
- Evidence that the nurse has passed the National
Council Licensure Examination for Registered Nurses (NCLEX-RN).
Group II: Exceptional Ability in the Arts or Sciences
For Group II applicants on the Schedule A list, submit
- Documentary evidence showing the widespread
acclaim and international recognition accorded the person by recognized experts
in the field.
- Documentation showing that the employee’s work in
the artistic or scientific field during the past year did, and his or her
intended work in the United States will, require exceptional ability.
- At least two of the following:
- Documents proving that the employee has won internationally
recognized prizes or awards in his or her field of work.
- Documents showing membership in selective
international associations—associations that require outstanding achievement of
their members, as judged by recognized international experts.
- Articles about the employee’s work appearing in
relevant professional publications, including the title, date, and author of such
- Documents proving that the employee has acted as
a judge in international competitions in the field or an allied field.
- Evidence of original scientific or scholarly
research contributions, which were of major significance in the field.
- Copies of scientific or academic articles by the
employee that have been published in international journals (including professional
journals with international circulation).
- Documents proving that the employee’s artistic work
has been exhibited in at least two different countries.
For more information on obtaining a green card in the Second Preference category, see Employment-Based Green Cards - Application Process.