EB-2 Green Card – Members of Professions Holding Advanced Degrees or Aliens of Exceptional Ability

 Advanced Degree – EB-2(A)

Description:

    • The job you apply for must require an advanced degree: a Master’s degree;
    • The applicant must possess the degree required by the job offered or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field);
    • Employer required: an offer of employment in the U.S. is required;
    • Generally, applicants apply for the EB-2(A) category after being granted any type of visa as long as the above requirements are met.

Process: 

    • Three step process;
    • Labor certification: PERM application required to determine whether there are qualified and willing U.S. worker interested in the position offered;
    • Premium Processing Available for the second step of the procedure – Immigrant Worker Petition (answer within 15 business days);
    • Immigrant visa available right away.

 

Exceptional Ability – EB-2(B)

Description:

    • Applicant must show a degree of expertise significantly above that ordinarily found in the sciences, arts, or business;
    • Employer requirement can be waived if Applicant can prove that his/her exceptional ability in the sciences, arts or business will substantially benefit the national economy, cultural or educational interests or welfare of the U.S. (See category below)

Process:

    • Three step process except if Applicant can prove that waiving the labor certification requirement would be in the national interest (See category below);
    • Labor certification may be required (See category below);
    • Premium Processing Available for the second step of the procedure – Immigrant Worker Petition (answer within 15 business days);
    • Immigrant visa available right away.

 

National Interest Waiver – EB-2(C)

Description:

    • Applicant is requesting that the Labor Certification be waived because it is in the interest of the U.S.;
    • Applicant must seek employment in an area of substantial intrinsic merit;
    • Applicant must show that his/her employment in the U.S. would greatly benefit the nation;
    • Applicant must show that the national interest would be adversely affected if a labor certification were requested;
    • Self-petition available: no offer of employment is required

Process:

    • Three step process except that the labor certification is filed directly to USCIS along with the second step documentation;
    • Premium Processing not available.

 

For more information about this visa category contact us today to schedule a professional consultation with an Immigration Attorney. Call (305) 515-VISA (8472) or click here.

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