EB-2 Green Card

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The second preference of employment based green card is available to skilled workers and professionals holding an advanced degree or it's equivalent, or a foreign national with exceptional ability.

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Advanced Degree

To qualify for this category, the job applied for must require an advanced degree and the individual must possess such a degree or its equivalent (a baccalaureate degree / bachelor's degree plus 5 years progressive work experience in the field).

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Evidence required for this includes documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate / bachelor's degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.

 

Exceptional Ability

In this classification, the candidate must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability is defined as “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”

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Evidence for this must include three of the following:

1. Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability

2. Letters documenting at least 10 years of full-time experience in your occupation

3. A license to practice your profession or certification for your profession or occupation

4. Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability

5. Membership in a professional association(s)

6. Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations

7. Other comparable evidence of eligibility is also acceptable.

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National Interest Waiver

Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the nation. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.

 

Labor Certification

Employment-based, second-preference petitions must generally be accompanied by an approved individual labor certification, and include an employer filed petition for Alien Worker. 

 

Spouse and Family of EB-2 Holders

The spouse and children under the age of 21may be admitted to the United States in E21 or E22 status respectively. During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD).

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Contact us to discuss your situation and see if you might qualify for an EB-2 green card.

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