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The EB-2 Green Card is a highly sought-after employment-based visa category for foreign nationals who possess exceptional skills, advanced degrees, or extraordinary ability in their field. This visa offers a faster pathway to permanent residency in the United States for individuals with advanced qualifications or exceptional talents. At American Visa Hub, we specialize in guiding individuals and employers through the EB-2 Green Card process, providing expert advice and personalized assistance to ensure the best chance of success.
The EB-2 Green Card is an immigrant visa that allows foreign nationals to obtain permanent residence in the United States through employment. It is designed for professionals with advanced degrees, individuals with exceptional ability in certain fields, and certain foreign nationals who are requesting a National Interest Waiver (NIW).
There are three primary sub-categories under the EB-2 Green Card:
Advanced Degree Professionals:
This category is for individuals who hold an advanced degree (master’s degree or higher) or its equivalent in a relevant field and have a job offer in the U.S. that requires this level of education.
Individuals with Exceptional Ability:
This category is for individuals who can demonstrate exceptional ability in the sciences, arts, or business. Exceptional ability means a degree of expertise significantly above that ordinarily encountered in the field.
National Interest Waiver (NIW):
The National Interest Waiver allows certain foreign nationals to self-petition for a Green Card without a job offer or labor certification if they can demonstrate that their work benefits the national interest of the United States. This category is often used by scientists, researchers, and professionals who contribute to areas like public health, education, or technological innovation.
Eligibility for the EB-2 Green Card depends on the applicant’s qualifications and the specific sub-category they are applying under. The requirements for each sub-category are as follows:
Advanced Degree Professionals:
Degree Requirement: The applicant must have at least a master’s degree or its U.S. equivalent, or a bachelor’s degree plus 5 years of progressive work experience in the field.
Job Requirement: The job offer in the U.S. must require the advanced degree or its equivalent.
Individuals with Exceptional Ability:
The applicant must be able to demonstrate exceptional ability in their field through documentation such as letters of recommendation, awards, published work, or professional memberships.
The applicant’s work must be in the sciences, arts, or business, and they must show that their expertise exceeds that of others in the field.
National Interest Waiver (NIW):
The applicant must be able to show that their work benefits the national interest of the United States.
The applicant must demonstrate that they have an advanced degree or possess exceptional ability.
No job offer or Labor Certification is required for this sub-category, as the applicant can self-petition.
The process of applying for the EB-2 Green Card typically involves several steps. At American Visa Hub, we assist with each stage of the application, ensuring that all forms and documents are filed correctly and on time.
For applicants applying under the Advanced Degree or Exceptional Ability categories, a Labor Certification from the U.S. Department of Labor (DOL) is usually required. The Labor Certification proves that there are no qualified U.S. workers available for the position and that hiring a foreign worker will not negatively affect wages or working conditions.
The employer must first apply for Labor Certification and receive approval from the DOL.
If the applicant is applying under the National Interest Waiver (NIW), no Labor Certification is needed.
Once the Labor Certification is approved (if applicable), the employer files Form I-140, Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS). The I-140 petition must include:
Proof of the applicant’s qualifications (advanced degree or exceptional ability).
The Labor Certification (if applicable).
A letter from the employer (or the applicant, in the case of a self-petition for the NIW) confirming the job offer or national interest contribution.
After the I-140 petition is approved, applicants must wait for their priority date to become current before proceeding. The priority date is the date the employer filed the Labor Certification or the I-140 petition.
The U.S. Department of State releases the Visa Bulletin, which lists the priority dates for different visa categories. Once the applicant’s priority date is current, they can move on to the next stage.
Once the priority date becomes current, the applicant can either apply for Adjustment of Status (Form I-485) if they are already in the U.S. or go through Consular Processing if they are outside the U.S.
Adjustment of Status: Applicants who are in the U.S. on a valid non-immigrant visa can file Form I-485 to change their status to permanent resident without leaving the country.
Consular Processing: Applicants outside the U.S. will need to attend a visa interview at a U.S. consulate or embassy in their home country.
Once Form I-485 or the consular processing interview is approved, the applicant will receive their EB-2 Green Card, granting them permanent residency in the United States. Their immediate family members (spouse and unmarried children under 21) can also apply for permanent residency as part of the same process.
At American Visa Hub, we offer a comprehensive range of services to ensure the EB-2 Green Card process goes smoothly. Our team of immigration experts provides:
Personalized Consultation: We help you determine which EB-2 sub-category best suits your qualifications and guide you through the specific requirements for each.
Labor Certification Assistance: We help employers file Labor Certification and ensure compliance with all U.S. Department of Labor regulations.
I-140 Petition Preparation: We assist with the preparation and submission of the I-140 petition, ensuring that all supporting documents are complete and accurate.
National Interest Waiver (NIW) Support: We help eligible applicants navigate the NIW process and prepare compelling evidence that demonstrates how their work benefits the national interest.
Adjustment of Status and Consular Processing: Whether you are in the U.S. or abroad, we provide expert support for your Adjustment of Status application or consular processing.
The EB-2 Green Card offers a pathway to permanent U.S. residency for professionals with advanced degrees, individuals with exceptional abilities, and those eligible for a National Interest Waiver. At American Visa Hub, we are dedicated to providing expert guidance through each step of the EB-2 Green Card process, from Labor Certification to Adjustment of Status. Let our experienced team help you achieve your goal of permanent residency in the U.S.
Contact us today to learn more about how we can help you obtain your EB-2 Green Card and take the next step in your U.S. immigration journey.