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What is the EB-2 Green Card Category?

By November 10, 2021Immigration
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Eb-2 green card category allows green card sponsorship of foreign nationals who either hold an advanced degree or who have an exceptional ability in the sciences, arts, or business fields. You will generally need to find an employer in the U.S. that will sponsor you for the green card (unless you are applying for a National Interest Waiver).

The following categories of foreign nationals could qualify for an Eb-2 green card:

i) Foreign nationals who are members of their profession and who have an “Advanced Degree”

What is an Advanced Degree?

This is either a US degree (or a foreign equivalent of a degree) that is above the Bachelor’s degree (e.g. Master’s). As a proof of the advanced degree, you will have to submit your diploma, transcripts, and credentials evaluation if the degree is not from the U.S.

Additionally, the job in the U.S. must require an Advanced degree.

ii) Foreign nationals who are members of their profession and who have a Bachelor’s degree + 5 years of progressive work experience (equivalent to a Master’s degree)

Under this subcategory, the foreign national has to have a Bachelor’s degree (From a US University or a foreign degree that is equivalent to a US Bachelor’s degree) + 5 years of progressive work experience in the specialty occupation that was acquired post obtaining the Bachelor’s degree.

What evidence should I submit to show that I have the progressive work experience?

You should submit letters from your former employers that describe in detail the job duties you performed for them and how the experience is progressive in nature.

iii) You must have an exceptional ability in the sciences, arts, or business fields

This means that you have a degree of expertise significantly above that ordinarily encountered. You will also have to demonstrate that you meet at least 3 of the following criteria:

  • 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
  • Letters documenting at least 10 years of full-time experience in your occupation
  • A license to practice your profession or certification for your profession or occupation
  • Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
  • Membership in a professional association(s)
  • Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
  • Other comparable evidence of eligibility is also acceptable.

Please note that an employer could also file (or you could file yourself) a National Interest Waiver petition. A great advantage of National Interest Waiver (NIW) is that the Labor Certification requirement is waived, meaning that the employer/you don’t have to conduct a recruitment process and don’t have to submit a Labor Certification with the Department of Labor. You can read our blog post about the National Interest Waiver by clicking here.

What is the application process for the Eb-2 green card?

You will need to find an employer in the U.S. that is willing to sponsor you for the Eb-2 green card (unless you are filing the National Interest Waiver petition that allows self-sponsorship). The employer will first have to file a Prevailing wage determination with the National Prevailing Wage Center, then conduct a recruitment process, and then file a Labor Certification with the Department of Labor. Once the Labor Certification has been approved, the employer can file an I-140 petition with USCIS. You can then apply for a green card from within the U.S. (this is called Adjustment of Status), or you can apply for an immigrant visa at a Consulate. You can read our blog post on When should the I-140 and green card petitions be filed when you click here.

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