The second preference employment based Green card petition category includes, members of professions holding an advanced degree or its equivalent (a Bachelors degree, and at least 5 years of progressively complex work experience), persons with exceptional ability in the fields of science, art, or business, and aliens for whose employment in the United States, would substantially benefit the National Interest. A National Interest Waiver (NIV) of the PERM labor certification requirement is available where the national interest in the services to be provided, clearly outweighs the national interest of assuring minimum wage and working conditions, through the labor certification process.

Advance degree aliens must have a job offer that requires the advanced degree or its equivalent. “Exceptional Ability” aliens must demonstrate a high degree of expertise in a field, substantially above that ordinarily possessed by professionals in the field.

Supporting documentation required in order to qualify under the “Exceptional Ability” standard, is as follows:

• University transcripts and degrees, in the field of exceptional ability.
• Letters from past and present employers detailing the dates of employment, and the duties and responsibilities of the positions held.
• Professional licenses and/or certifications.
• Evidence of receipt of a high salary or remuneration for services provided within the area of exceptional ability.
• Memberships in professional organizations.
• Awards, prizes, and/or other evidence of recognition of exceptional ability by peers, governments agencies, research facilities, business and professional organizations, in the field of endeavor.
• Other evidence of exceptional ability.

All second preference I-140 Green Card petitions (other than those based on NIV) must be submitted along with an approved PERM labor certification application.