EB2

EB-2 Green Card: A Pathway for Professionals and Exceptional Talent

Introduction

The EB-2 Green Card is an employment-based immigration category for foreign nationals who possess advanced degrees, exceptional ability, or whose employment in the U.S. is in the national interest. This category is particularly popular among professionals, researchers, scientists, engineers, entrepreneurs, and individuals who have made significant contributions in their fields. The EB-2 green card offers a pathway to U.S. permanent residency for individuals whose skills and expertise are in high demand.

What is the EB-2 Green Card?

The EB-2 is the second preference category within the employment-based immigration system. It is designed to attract highly skilled professionals who can contribute to the U.S. economy, academic institutions, healthcare, technology, business, and other key sectors. The EB-2 green card provides a direct path to permanent residency in the United States for the applicant and their immediate family (spouse and unmarried children under 21).

Key Benefits of the EB-2 Green Card

• Direct Path to Permanent Residency: Provides permanent resident status (green card) for the applicant and their immediate family.

• Flexibility in Employment: Once granted, the green card allows the holder to live and work anywhere in the U.S. without the restrictions typically associated with temporary work visas.

• Expedited Processing with National Interest Waiver (NIW): For certain applicants, the National Interest Waiver (NIW) allows them to self-petition for an EB-2 green card without a job offer, expediting the path to residency.

Subcategories of the EB-2 Green Card

The EB-2 category is divided into two main subcategories, each with specific eligibility requirements:

1. EB-2(A): Advanced Degree Professionals

• Who Qualifies: Foreign nationals who hold an advanced degree (master’s, Ph.D., J.D., M.D., or equivalent) or a bachelor’s degree plus at least five years of progressive, post-bachelor’s work experience in their field.

• Evidence Required:

  • Proof of advanced degree (e.g., transcripts, diploma).

  • Employment letters demonstrating work experience if substituting a bachelor's degree with five years of experience.

2. EB-2(B): Individuals with Exceptional Ability

• Who Qualifies: Individuals with exceptional ability in the sciences, arts, or business. Exceptional ability means a level of expertise significantly above that ordinarily encountered in these fields.

• Evidence Required: Must meet at least three of the following criteria:

  1. Official academic records showing a degree, diploma, or certificate related to the area of exceptional ability.

  2. Letters from current or former employers showing at least ten years of full-time experience in the field.

  3. A license or certification to practice the profession or occupation.

  4. Evidence of a high salary or other remuneration that indicates exceptional ability.

  5. Membership in professional associations.

  6. Recognition for achievements and significant contributions to the industry or field by peers, government entities, or professional organizations.

National Interest Waiver (NIW)

• Overview: The National Interest Waiver (NIW) is a provision under the EB-2 category that allows certain individuals to self-petition for a green card without needing a job offer or labor certification. The applicant must demonstrate that their work is of substantial merit and national importance and that granting the waiver benefits the U.S.

• Who Can Apply: Individuals in fields such as science, healthcare, technology, business, arts, and education who can prove that their work serves the national interest.

• Process: Applicants must meet the criteria established in the Matter of Dhanasar decision, including showing that they are well-positioned to advance their proposed endeavor in the U.S.

The EB-2 Application Process

The application process for the EB-2 Green Card generally involves several key steps:

1. Labor Certification (PERM Process)

   • Most EB-2 applicants require a Permanent Labor Certification (PERM) from the U.S. Department of Labor (DOL). The employer must demonstrate that there are no qualified U.S. workers available for the position and that hiring the foreign worker will not negatively impact the wages and working conditions of U.S. workers.

   • Exceptions: The National Interest Waiver (NIW) allows applicants to bypass the PERM process if they can prove their work is in the U.S. national interest.

2. Employer Files Form I-140 (Immigrant Petition for Alien Worker)

   • The U.S. employer files Form I-140 on behalf of the applicant, demonstrating that the applicant meets the requirements for the EB-2 category. For NIW cases, the applicant can self-petition by filing the I-140 themselves.

   • The petition must include evidence of the applicant’s advanced degree, exceptional ability, and/or national interest qualifications.

3. File for Adjustment of Status or Consular Processing

   • Adjustment of Status (Form I-485): If the applicant is already in the U.S. and the priority date is current, they can file Form I-485 to adjust their status to a permanent resident.

   • Consular Processing: If the applicant is outside the U.S., they will go through consular processing at a U.S. embassy or consulate after the I-140 is approved.

4. Attend Biometrics Appointment

   • The applicant will need to attend a biometrics appointment to provide fingerprints, photographs, and a signature for background and security checks.

5. Interview and Final Decision

   • In some cases, the applicant may be called for an interview with a USCIS officer. USCIS will review the application, verify eligibility, and issue a final decision on the green card application.

Tips for a Successful EB-2 Application

• Prepare Comprehensive Documentation: Provide clear evidence of your advanced degree, exceptional ability, and employment offer (unless applying for an NIW).

• Highlight Expertise: Include detailed information about your professional experience, academic achievements, and any recognition or contributions to your field.

• Consult an Immigration Expert: Consider working with an immigration attorney experienced in EB-2 applications to help navigate the complex process and ensure all requirements are met.

Conclusion

The EB-2 Green Card is a valuable pathway to U.S. permanent residency for highly skilled professionals, individuals with exceptional abilities, and those whose work serves the national interest. By understanding the specific eligibility requirements and the application process, you can take the first step toward building a successful future in the United States.

If you need more information or personalized guidance with your EB-2 application, please contact us or explore our EB-2 Services.