EB-2 Green Card for Advanced Degree or Exceptional Ability Professionals
For EB-2 Green Card petitions, the foreign national must be a member of the professions holding advanced degrees or their equivalent or have exceptional ability in the sciences, arts or business.
Most second preference employment based green card (EB-2) cases have to go through the PERM process. While there are other types of EB-2 cases such as the EB-2 National Interest Waiver or Schedule A Employment based green card cases, the PERM/Labor certification process is the most common.
Definition of Advanced Degrees for EB-2 Green Card
To qualify for a EB-2 green card as an advanced degree professional, you must proof that you have an advanced degree. The term “advanced degree” 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.
Definition of Exceptional Ability for EB-2 Green Card
To qualify for a EB-2 green card as an exceptional ability professional, you must proof that you have exceptional ability. The term “exceptional ability in the sciences, arts or business” means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.
What are the process of obtaining an EB-2 green card through the PERM Labor Certification process?
The beneficiary for the EB-2 green card under this category must have a future permanent job offer and the employer must go through the labor certification process (testing the labor market for any minimal qualified US workers). Identifying the minimum requirements for a PERM/Labor certification process. For EB-2 PERM eligibility, it is not enough that the foreign national possess an advanced degree, but rather the position requires a minimum of an advanced degree (i.e. Masters degree in a particular field or a Bachelors degree in a particular field plus 5 years of experience).
There are 3 phases to the EB-2 Green Card Process:
- Adjustment of Status
- PERM (Labor Certification)
The labor certificate is a “certificate” certified by the U.S. Department of Labor (DOL), that there are no able, willing, qualified U.S. workers available for the EB-2 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 recruitment methods to satisfy that there are no minimally qualified U.S. workers for the position offered.
- I-140 Process
Following the approval of the PERM process, the I-140 may be filed. Form I-140 is the initial form that needs to be submitted to the United States Citizenship and Services (USCIS) to show that the beneficiary meets the minimum requirements, that the offered permanent position requires an Advanced Degree and that the employer can afford to pay the prevailing wage.
- Adjustment of Status Process or Consular Processing Process
Adjustment of Status under the Immigration and Nationality Act is the process of adjusting an individual’s non-immigration status to Immigrant Status (Green Card). To be eligible, the applicant must show that he/she is admissible and was inspected, admitted legally or paroled in the United States. An immigrant visa must be readily available and current based on the beneficiary’s priority date and current Visa Bulletin schedule.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 petition is pending. If the foreign national is outside the US or not eligible for adjustment of status, then the Beneficiary may be able to apply for the Immigrant Visa through the Department of State and have an interview at a US Consulate outside the US.
Why hire us?
The process and requirement of sponsoring foreign workers for their permanent residence status are complex and stringent. With over 25+ years of collective experience and excellent track record, our Chicago immigration lawyers can assist you with your EB-2 green card petition. Contact the Cipolla Law Group today and find out how our immigration law firm can help achieving your immigration goal.