EB2

The EB2 employment based green card is for individuals who are members of the professions with advanced degrees (any degree above a baccalaureate degree or a baccalaureate degree and at least 5 years progressive experience in the professions) or who have exceptional ability in the sciences, arts, or business who will substantially benefit the United States.  The combination of a baccalaureate degree with 5 years experience in the professions is deemed equivalent to a Master’s degree. If a doctoral degree is required for the particular profession, the alien must possess the doctoral degree.

In order to obtain permanent residency through the EB2 category, the applicant must have an employer willing to sponsor him or her through PERM Labor Certification. The applicant does not have to be employed when labor certification/PERM is filed. A job offer is sufficient. Labor certification/PERM is the process whereby, the US government determines whether qualified US workers can fill the open position. Once the labor certification is approved, the employer may sponsor the applicant for permanent residency. An individual with an advanced degree, or a Ph.D. student, may obtain permanent residency without labor certification with a national interest waiver.

The EB2 process is as follows:

• The employer performs the PERM Labor Certification process;
• The employer sponsors the employee for a green card; and then
• The employee adjust his or her status to permanent resident.

Foreign nationals with an advanced university degrees (masters degree or higher) and with a job offer from a US company.

Foreign nationals with exceptional ability in the sciences, business or arts and with a job offer from a US company.

Members of the professions includes, but is not limited to architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, colleges, academia, or seminaries. It also includes any occupation for which a US baccalaureate degree (or foreign equivalent) is the minimum requirement for entry into the occupation. For member of the professions, advanced degree means any US academic or professional degree (or foreign equivalent degree) above that of a baccalaureate. A bachelor degree plus five years of progressive experience in the professions is considered as the equivalent of a master’s degree.

Aliens of Exceptional Ability in the sciences, arts, or business. An alien will qualify for registration in this category if he or she is seeking to enter in the United States in his or her field and the entry of such alien will substantially benefit prospectively the national economy, cultural, or educational interests, or welfare of the United States.

Exceptional ability has been defined as something more than what is usual, ordinary, or common, and requires some rare or unusual talent, or unique or extraordinary ability in a calling which, of itself, requires that talent or skill. The possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice, or certification for a particular profession or occupation, shall not, by itself, be considered sufficient evidence of such exceptional ability.