EB2 Green Card – Professional with Advanced Degrees or Exceptional AbilityForeign national applicants under the EB2 second preference must be members of the professions holding advanced degrees or their equivalent or due to their exceptional ability in the sciences, arts or business will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the U.S.
Advanced DegreesThe term “Advanced degrees” is defined as a bachelor’s degree plus at least five years of professional work experience in the profession or any United States academic or professional degree or foreign equivalent degree above of that of a baccalaureate.
Exceptional Ability“Exceptional ability in the sciences, arts or business” means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.
EB2 PERM (Labor Certification)Applicants for the EB2 application under this category must have a job offer and labor certificate, unless such requirement is waived by the USCIS because it is in the national interest to do so. (Please see National Interest Waiver for details)
There are 3 phases to the EB2 Green Card Process:
- Adjustment of Status
2. PERM (Labor Certification)The labor certificate is a “certificate” by the U.S. Department of Labor (DOL), that there are no able, willing, qualified and available U.S. workers for the position offered. This is proven through a recruitment campaign, which includes placing advertisements in different places and making recruitment efforts. The employer must provide proof that it has tested the labor market by the above recruitments methods to satisfy that there are no minimal qualified U.S. workers for the position offered. PERM is extremely complex and detailed and requires and experienced Immigration Law Firm, contact Cipolla Law Group for a consultation.
4. I-140 ProcessFollowing approval of the PERM process, the I-140 EB2 Petition may be filed. The EB2 Advanced Degree Petition requires a showing that the Beneficiary has the equivalent of a US Advanced Degree, that the offered permanent position requires an Advanced Degree and pays the prevailing wage for the position, and that the employer can afford to pay the prevailing wage. The EB2 Process is a long but rewarding process as approval leads to Permanent Residence, a Green Card. It is important to have a skilled Immigration Attorney Representing you before filing and to submit a strong case on your behalf. Contact Cipolla Law Group for a consultation.
5. Adjustment of Status ProcessAn Immigrant Visa must be readily available and current based on the Applicant’s Priority Date and Current Visa Bulletin Schedule, and the Applicant must be eligible and otherwise admissible. Adjustment of Status under the Immigration and Nationality Act is the process of changing an individual’s non-immigration status to Immigrant Status (Green Card) as long as the individual was inspected, admitted or paroled in the United States. In some cases, the Adjustment of Status Applicant may be eligible for employment authorization and advanced parole (travel outside the US) while the Adjustment of Status is pending. There are many issues affecting eligibility to adjust status including:
- Preconceived Intent Issues;
- Medical Issues
- Criminal & Conviction Issues
- Inspection Issues
- Moral Turpitude Issues
- Overstay and Unlawful Presence
- Fraud Issues