EB2 Green Card

The EB-2 immigrant visa category allows foreign national professionals holding an advanced degree or individuals who have exceptional ability its equivalents to obtain permanent residency in the U.S. To qualify for the EB-2 category, you must be a foreign national who:

The various categories under the EB-2 Employment based green card are:

EB-2(A):Professionals with an ‘advanced degree’ (master’s degree or higher) or its equivalent, with a job offer from a U.S. company

EB-2(B):Foreign nationals with ‘exceptional ability’ in the sciences, business or arts, with a job offer from a U.S. company

EB-2(C):Foreign nationals with exceptional ability or an advanced degree professionals, who can show that their activities will substantially benefit the U.S. national interest. This category is known as the EB-2/NIW.

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Check My Eligibility

Some of the advantages of obtaining the green card through the EB-1 path include:

1. The Labor Certification process allows any US employer the ability to potentially sponsor a foreign national for permanent residency
2. Work in the U.S.
3. The EB-2 NIW category allows for self-petitioning.
4. Dependent spouse and unmarried children under 21 years can join you on the green card application

As with all individuals with green cards/lawful permanent residence, there are no restrictions on the ability to travel into and out of the U.S. if you receive an EB-2 green card

‘Advanced degree’ means any U.S. academic or professional degree or a foreign equivalent degree above that of baccalaureate. A U.S. baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master’s degree. If a doctoral degree is customarily required by the specialty, you must possess a U.S. doctorate or a foreign equivalent degree.

In order to qualify for EB-2, not only must you possess an advanced degree or its equivalent, but the position must require that advanced degree as the minimum requirement for entry into the described position.

Your EB-2 petition for a professional holding an ‘advanced degree’ must be accompanied by an official academic record showing that you have either a:

1. U.S. advanced degree or a foreign equivalent degree; or
2. U.S. baccalaureate degree or a foreign equivalent degree, and evidence in the form of letters from current or former employer(s) showing that you have at least five years of progressive post baccalaureate experience in the specialty

‘Exceptional ability’ means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.

In order to qualify as an Alien of Exceptional Ability, you:

1. Must have exceptional ability in the sciences, arts, or business;
2. Will substantially benefit the national economy, cultural or educational interests, or welfare of the United States in the future; and
3. Your services in one of those fields are sought by an employer in the United States.

Your EB-2 petition for an alien of ‘exceptional ability’ in the sciences, arts, or business, must be accompanied by at least three of the following:

1. An official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability
2. Evidence in the form of letter(s) from current or former employer(s) showing that you have at least ten years of full-time experience in the occupation for which you are being sought
3. A license to practice the profession or certification for a particular profession or occupation
4. Evidence that you have commanded a salary, or other remuneration for services, which demonstrate exceptional ability
5. Evidence of membership in professional associations
6. Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations

Note: If the above criteria do not readily apply to you or your occupation, you may submit comparable evidence in order to establish your eligibility.

When determining if an applicant qualifies as an Alien of Exceptional Ability, it is not sufficient to merely meet the minimum requirement of 3 out the 6 criteria.

Once an USCIS officer determines the Beneficiary meets the minimum threshold, the USCIS officer must conduct a final merits determination where they will look at the all the evidence together, looking not only at the quantity of the evidence submitted, but the quality as well. In this 2nd step of the analysis, the officer will look at the evidence on the whole to see if the beneficiary qualifies as Alien of Exceptional Ability.

Yes, EB-2 foreign nationals generally must have a job offer from a U.S. employer. Your potential employer must complete the Labor Certification process on your behalf or you must be eligible to file under Schedule A.

If you can demonstrate that your entry is in the National Interest and qualify for the EB-2/NIW, then the requirement of the job offer is waived. This means you can self-petition for the EB-2/NIW green card.

Yes, upon approval of your Form I-140, Immigrant Petition for Alien Worker, your spouse and unmarried children under 21 years of age may apply for immigrant visas through consular processing if they are abroad or obtain lawful permanent residence through Adjustment of Status in the U.S.

There are several ways you can check the status of the application:

1. Check out VisaPro’s My US Visa Status tool
2. Check on U.S. Citizenship & Immigration Services’ website at Case Status Online – Case Status Search (uscis.gov)
3. Log into your MyUSCIS account

If your Form I-140, Petition for Alien Worker is denied, you may file Form I-290B, Notice of Appeal, along with the required fee at the appropriate USCIS Lockbox within 33 days of receiving the denial. Alternatively you may also refile your I-140 petition with additional evidence