The EB2 employment based green card is for individuals who are members of the professions with advanced degrees (any degree above a bachelor/baccalaureate degree or a baccalaureate degree and at least 5 years progressive work 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 foreign national must possess the actual doctoral degree or its foreign equivalent.
In order to obtain permanent residency through the EB2 category, the applicant must have an employer willing to sponsor him/her through the PERM labor certification application process. The foreign national beneficiary does not have to be employed when PERM labor certification application is filed. A job offer is sufficient. The PERM labor certification is the process through which the U.S. Department of Labor determines whether qualified U.S. workers can fill the open position. Once the PERM 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 having to resort to PERM labor certification with a national interest waiver (NIW).
- The employer performs the PERM labor certification application process with the U.S. Department of Labor;
The employer sponsors the employee for a green card with USCIS; and
The employee adjust his or her status to permanent resident with either USCIS or a U.S. consulate overseas.
Foreign nationals with an advanced university degrees (master’s degree or higher) and with a job offer from a U.S . employer
Foreign nationals with exceptional ability in the sciences, business or arts and with a job offer from an employer in the U.S.
Members of the professions includes, but is not limited to architects, engineers, lawyers, accountants, physicians, surgeons, and teachers in elementary or secondary schools, colleges, academia, or seminaries. That category also includes any occupation for which a U.S. bachelor’s degree (or its foreign equivalent) is the minimum requirement for entry into the occupation. For members of the professions, “advanced degree” means any U.S. academic or professional degree (or its foreign equivalent degree) above that of a bachelor’s/baccalaureate. A bachelor’s degree + 5 years of progressive experience in the professions is considered as the equivalent of a master’s degree.
Foreign nationals of Exceptional Ability in the sciences, arts, or business. A foreign national will qualify for registration in this category if he/she is seeking to enter in the United States in his/ her field and the entry of such foreign national will substantially benefit prospectively the national economy, cultural, or educational interests, or welfare of the United States.
The term “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. Simply possessing 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, will not, by itself, be considered sufficient evidence of such exceptional ability.