The EB-2 green card allows professionals with an advanced degree or exceptional ability to live and work in the United States.
An employer or prospective employer must apply for an EB-2 on behalf of the professional and go through the PERM labor certification process with the U.S. Department of Labor on ETA Form 9089. The PERM Labor Certification is a time-intensive process aimed at protecting opportunities, wages, and working conditions of U.S. workers. If PERM is approved, then an EB-2 green card application can be submitted to USCIS.
In some cases, the PERM process can be avoided if an individual qualifies for an EB-2 with a National Interest Waiver.
To qualify for the EB-2 for advance degree professionals, the candidate must have:
- A job offer requiring an advanced degree from a company that has operations or subsidiaries in the U.S.
- A U.S. master’s degree, doctorate or equivalent degree in a field that’s related to the job or a U.S. baccalaureate or equivalent degree and at least five years of work experience in the field.
To qualify for the EB-2 for individuals with exceptional ability, you must prove your exceptional ability by showing at least three of the following:
- Academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution relating to your area of exceptional ability
- Letters documenting at least 10 years of full-time experience in your field
- License to practice your profession or certification for your profession
- You have commanded a high salary or other compensation that demonstrates your exceptional ability
- Membership in a professional association(s) that require an invitation or special achievements
- Recognition for your achievements and significant contributions to your field by your peers, government entities, professional or business organizations
- Other comparable evidence
About 6 months for concurrent filing.
You intend to live permanently in the U.S.
- Professionals with advanced degrees
In this week’s Immigration Law for Tech Startups podcast, I am joined by Dr. Sankar Venkatraman. With over 14 years[...]