The Second Preference category includes members of the professions holding advanced degrees, and those who have exceptional ability in the sciences, arts or business. The CIS regulations define a profession as an occupation that requires at least a Bachelor’s degree to enter into the field. An employee seeking to enter in this category must obtain a labor certification from the Department of Labor unless the CIS determines that a waiver of the labor certification requirement would be in the "national interest." A labor certification certifies that the employment of the foreign worker in a particular position will not adversely affect the U.S. labor market.
This subcategory requires the professional to have at least a Master’s degree or equivalent. An advanced degree means any degree higher than a Baccalaureate degree. The CIS will also consider an applicant who has a Baccalaureate degree plus five years of progressive experience in the profession to be equivalent to a Master’s degree. Note that to require five years of experience in a job offer for purposes of labor certification may conflict with minimum job standards set by the Department of Labor. For this reason it may not always be possible to include an individual’s full experience to meet the advanced degree category.
This subcategory is reserved for those who have "exceptional ability" in the sciences, arts or business, and who will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States. The CIS is looking for a level of expertise significantly above that ordinarily encountered in the field. It is lower than the "extraordinary ability" standard, and has different guidelines:
Degree relating to area of exceptional ability.
Ten years of experience.
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Professional license.
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High salary in relation to others in the field.
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Membership in professional associations.
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Recognition for achievements and significant contributions.
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Other comparable evidence.
U.S. Immigration Laws