Law & Legal & Attorney Immigration Law

Green Card EB-2 Requirements

    • The United States grants green cards to exceptionally talented individuals.professional image by Leticia Wilson from Fotolia.com

      The United States grants permanent residency to foreigners who have exceptional abilities that will benefit the country. These talented or highly-skilled individuals, including professors, researchers or executives, may be able to acquire an employment-based green card if an employer petitions them under the EB-2 category. Or they may petition themselves under certain conditions. The U.S. Citizenship and Immigration Services (USCIS) enumerates the requirements for both the prospective employee and the employer.

    Advanced Degree

    • The applicant must possess the advanced degree required in the job for which he is applying. This means a baccalaureate degree plus five years work experience in the field. He must show documentary evidence such as academic records and letters from former and current employers.

    Exceptional Ability

    • An individual who possesses exceptional ability in the sciences, arts, or business is also eligible. The USCIS defines exceptional ability as “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”

    Employer’s Petition

    • An applicant who has an advanced degree or exceptional ability needs an employer to petition her. To obtain an EB-2 visa for the applicant, the employer must file form I-140, or the petition for alien worker, which can be downloaded from the USCIS website. The employer must submit the petition to the appropriate USCIS office indicated in the form instructions, along with the filing fees. The employer may file form I-485 at the same time to adjust the status of the prospective employee to permanent resident. The petition must be accompanied by a labor certification from the Department of Labor, showing that the job can be filled by a foreign worker.

    National Interest Waiver

    • A foreigner may petition himself and does not need an employer to sponsor him if he is seeking a national interest waiver on the grounds that he believes his skills will substantially benefit the United States. This means the applicant will request the U.S. government to exempt him from the labor certification requirement. To get an EB-2 visa, the applicant under this category must file form I-140 with the appropriate USCIS office, along with form I-485 or the application to adjust status to permanent resident.

    Criteria

    • An individual who claims to have an exceptional ability or who is seeking a national interest waiver must meet at least three of these criteria: official record showing academic achievement; letters showing at least 10 years of full-time experience in occupation; professional license or certification; evidence of salary or remuneration; professional association membership; recognition for achievements; and other comparable evidence.

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