EB-2: Advanced Degree Immigrant Visa

A green card is granted to a professional foreign national with an advanced degree who has been offered a job or who wishes to work in the United States. If you are one of these persons, you may be eligible to become a lawful permanent resident of the US.

Before applying for an EB-2 visa, you must first take note of the requirements and documents needed. Continue reading the article to know more about:

• How you can qualify;
• What an advanced degree is;
• The need for a labor certificate; and
• The national interest waiver.

If you want to know if you are qualified, feel free to contact our New Jersey immigration lawyer to provide you with quality legal representation and aid.

A fiancé visa (also known as a K-1) will get you legally into the U.S. in order to marry your intended spouse. A fiancé visa (Form I-129f) is valid for six months. After you enter U.S., you must get married to your fiancée within 90 days. There is no legal way to extend the 90 days.

After the marriage, you must apply to adjust to permanent resident status (Form I-485). This will give you a two-year conditional residence (green card). Two years later you will have to petition to remove the conditions on your green card (Form I-751). Three years after, you will receive your initial green card. You can file for U.S. citizenship through the naturalization process if you are still married to your U.S. citizen spouse (form N-400).

This type of employment-based immigrant visa is reserved for professional foreign nationals with advanced degree/s who wish to migrate to the United States to accept a work offer.

This is sometimes referred to as EB-2A or employment second preference. There are two subcategories within this category: (1) workers with advanced degrees or (2) exceptional ability in sciences, arts, and business.

Among the five employment-based immigrant visa choices, EB-2 may be the quickest immigration procedure because few individuals qualify for it.

Take note! There are only a limited number of visas that are given annually.  That means fewer people qualify for this visa.  If you are one of these few people, you may not have to wait long to obtain a green card (permanent residency).

A foreign national must have the following qualifications in order to qualify:

• Must have an advanced academic degree/s or a baccalaureate degree with at least 5 years of progressive work experience in the field of study.
• Must enter the United States and work permanently in their specific area of expertise.
• Must have a job offer (with a minimum requirement of an advanced degree or the equivalent) supported by labor certification (an exception may apply).

In terms of documentation, there are two central documents that you need to present:

• An official academic record demonstrating that you possess a U.S. advanced degree or a foreign equivalent degree.
• An official academic record indicating that you hold a U.S. baccalaureate degree or a foreign equivalent degree, as well as written letters from current or past employers demonstrating that you have at least 5 years of progressive work experience in your field of study.

You can visit the USCIS website for Form I-140, Immigrant Petition for Alien Workers, to learn about the other necessary documents you’ll need to submit.

What constitutes an advanced degree?

An “advanced degree” is defined by the USCIS as any degree or foreign equivalent degree that is higher than a baccalaureate degree.

But, if you don’t have this, there is an alternative you can take. USCIS also considers those who have a U.S. baccalaureate degree or a foreign equivalent degree and at least 5 years of progressive experience in the specialization, to equal a master’s degree.

Is a labor certification needed?

You must at least have the minimum requirement before applying for labor certification or EB-2.

In the case of an EB-2A immigrant visa, when a U.S. employer wishes to offer a job to a foreign national, they must secure a labor certification. A labor certification is somewhat a confirmation that the U.S. employer has complied with the requirement of the recruiting process and has correctly determined that a member of the American labor market cannot or is unwilling to fill in the position, necessitating the need to hire foreign nationals.

One burden in getting a labor certification is to prove that the minimum requirements for the job position satisfy the specified eligibility. These could include holding an advanced degree and at least five (5) years of progressive work experience.

If the minimum requirements for the job position listed by your employer contradict the EB-2 qualifications, you may not be eligible to apply. For example, your employer listed that the minimum requirement is a bachelor’s degree with only 1-2 years of experience.

However, there is one exception: the national interest waiver.

A national interest waiver would basically waive the need for a job offer or labor certification. In order for you to get this waiver, you must demonstrate that your work in the United States would bring a beneficial impact to certain areas of U.S. society like the economy, education, environment, and so on.

The USCIS grants the national interest waiver at its discretion and on a case-by-case basis. To be eligible, you must meet three criteria:

• Your work’s influence on the United States must demonstrate both substantial merit and national importance.
• You must have the necessary qualifications to achieve the intended impact or benefits of the proposed endeavor.
• You must show why foregoing the requirement of a job offer, and labor certification will benefit the United States.

Obviously, the burden rests upon you to demonstrate that you meet all criteria. An essential piece of advice is to seek the assistance of an EB-2 visa attorney. They would assist you by determining whether you are qualified and, if so, putting together a strong case for you.

Remember that if you qualify for a national interest waiver (NIW), you will not require a U.S. employer to petition on your behalf.

Getting an EB-2A visa may be tedious and confusing. You can call us today at At Andres Mejer Law to have our excellent immigration attorneys expertly assist you. They can cater to any immigration matter you may have, from applying for a nonimmigrant visa (e.g., O-1 visa ) or permanent visa (e.g., K-1 fancé visa) to criminal charges (e.g., assault or DUI).

Don’t delay your chance of obtaining a green card under an EB-2A immigrant visa. Schedule a consultation with us now!

Remember, every case is different, and we won’t take your money if we can’t help you.