Ans:

The employment-based second preference is appropriate for aliens with advanced degrees in professional fields or aliens with exceptional ability in the sciences, arts, or business. A job offer and an approved Labor Certification are required under this preference unless the alien obtains a National Interest Waiver. If the job offer is waived by the I.N.S. in the "national interest," the alien is not subject to the labor certification requirement normally applicable to the second preference category. (Please see discussion below on eligibility for national interest waiver.)

In order to establish exceptional ability, the I.N.S. regulations requires at least three of the following types of supporting evidence.

• An official academic record showing that the 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.
• Evidence in the form of letters from current or former employers showing that the alien has at least ten years of full-time experience in the occupation for which he or she is 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.
• Evidence of membership in professional associations.
• Evidence of recognition for achievements and significant contributions to the industry for field by peers, governmental entities, or professional or business associations.

An advanced degree is defined by the I.N.S. regulations to mean any U.S. academic or professional degree (or a foreign equivalent) above a bachelor's degree level. A bachelor's degree plus at least 5 years of progressive experience in the specialty is considered the equivalent of a master's degree. The alien must have at least a bachelor's degree. Work experience alone does not qualify. A labor certification is required unless waived by I.N.S.