Employment-Based Second Preference: EB-2 Visa
Professionals with an advanced degree or exceptional abilities may qualify for a Green Card (U.S. permanent residence) through the EB-2 visa category.
Advanced Degree
To qualify under the advanced degree category, the job for which the employer is sponsoring the foreign national must require at least a bachelor's degree. Additionally, the foreign national must have educational credentials equivalent to a U.S. bachelor's degree and a minimum of five years of relevant work experience in the field, as well as meet all qualifications required for labor certification. Sufficient evidence must accompany the petition to verify the applicant's educational qualifications and work experience.
To comply with the requirements, you'll need to provide official educational records that either confirm you hold an advanced degree from the U.S. or an equivalent degree from a foreign institution. Alternatively, you could furnish an official academic transcript confirming a U.S. bachelor's degree or its foreign equivalent, along with letters from current or past employers demonstrating a minimum of five years of progressive work experience post-bachelor's in your field of specialty.
If the position typically requires a doctoral degree, you'll need to possess either a U.S. doctorate or an equivalent foreign degree.
To comply with the requirements, you'll need to provide official educational records that either confirm you hold an advanced degree from the U.S. or an equivalent degree from a foreign institution. Alternatively, you could furnish an official academic transcript confirming a U.S. bachelor's degree or its foreign equivalent, along with letters from current or past employers demonstrating a minimum of five years of progressive work experience post-bachelor's in your field of specialty.
If the position typically requires a doctoral degree, you'll need to possess either a U.S. doctorate or an equivalent foreign degree.
Exceptional Ability
In addition to the advanced degree criteria, an individual can also qualify for a Green Card under the EB-2 visa category by successfully demonstrating exceptional ability in the arts, sciences, or business sphere. Exceptional ability is defined as expertise significantly above what is normally required in the field.
Both the advanced degree and exceptional ability tracks necessitate sponsorship from an employer. Furthermore, each category mandates obtaining a Labor Certification from the U.S. Department of Labor (DOL) prior to submitting a petition to the USCIS.
Both the advanced degree and exceptional ability tracks necessitate sponsorship from an employer. Furthermore, each category mandates obtaining a Labor Certification from the U.S. Department of Labor (DOL) prior to submitting a petition to the USCIS.
Labor Certification
Securing an approved Labor Certification obliges the sponsoring employer to demonstrate that there are no qualified U.S. candidates available to carry out the specific job role. The employer is also required to validate their financial capacity to compensate the prospective foreign employee at a rate equivalent to the average salary for similar roles in the same industry and geographical area. Only after obtaining an approved Labor Certification can the employer proceed with the sponsorship by submitting Form I-140 to the USCIS.
EB-2 Green Card with National Interest Waiver (NIW)
Under specific conditions, an exemption from the Labor Certification mandate can be sought through what is known as a National Interest Waiver (NIW). To be eligible for this waiver, the foreign national must demonstrate that bypassing the Labor Certification would serve the United States' best interests. This waiver is typically granted to individuals possessing exceptional abilities, and whose work would substantially benefit the U.S.
If the waiver is approved, the foreign national is relieved from the need for employer sponsorship and Labor Certification. In such cases, they are eligible to submit Form I-140 directly to USCIS.
To learn more about the possibility of obtaining a Green Card through the EB-2 visa contact our experienced EB-2 immigration lawyer to arrange a confidential consultation.
If the waiver is approved, the foreign national is relieved from the need for employer sponsorship and Labor Certification. In such cases, they are eligible to submit Form I-140 directly to USCIS.
To learn more about the possibility of obtaining a Green Card through the EB-2 visa contact our experienced EB-2 immigration lawyer to arrange a confidential consultation.
