Asian Journal- The Filipino-American Community Newspaper

If you are aiming to get a green card through employment-based petition, it is relatively faster to do it through EB-2 category than the most commonly sought EB-3 category.  EB-2 category is “current” for beneficiaries born in the Philippines.  This means visa numbers are readily available for EB-2 beneficiaries, allowing them to apply for a green card immediately after approval of the labor certification application and simultaneously with the filing of the employer’s immigrant petition (Form I-140).  In contrast, the waiting time to apply for a green card under EB-3 can be as long as four years after approval of the labor certification.

EB-2 stands for second preference employment-based immigrant petition covering professionals with advanced degrees or equivalent and individuals who possess exceptional ability in the sciences, arts or business.  

Professionals with advanced degrees or equivalent are individuals with master’s or higher degrees or those with bachelor’s degrees plus at least five years of progressive work experience in a specialty related to their bachelor’s degree.  The work experience is considered progressive if through the course of the individual’s work experience, he has been able to exhibit advancement in terms of job responsibility and knowledge in the specialty.  This is generally evidenced by employment certificates issued by the employer(s) for the relevant period showing the position, detailed job description, and period of employment.     

Individuals with exceptional ability are those who, because of their exceptional ability in the sciences, arts or business, will substantially benefit the national economy, cultural, or educational interests or welfare of the United States, as documented by at least three of the following:

An official academic record demonstrating that alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;

Letters documenting at least ten years of full time experience in the occupation being sought; A license to practice the profession or certification for a particular profession or occupation;
Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;
Membership in professional association(s); or
Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations

If the above standards do not apply to the occupation, the petitioner may submit other comparable evidence of eligibility.