EB2 is one of the three categories of employment-based green cards available for foreign nationals. The other two are advanced degree professionals and aliens of exceptional ability. The EB-2 visa category requires that an employer file a Form I-140, Petition for Alien Worker, on the alien’s behalf. Alternatively, an applicant may self-petition by using the National Interest Waiver (NIW) process.
Applicants for an advanced degree eb2 green card must meet either a Bachelor’s plus 5 years of progressive post-bachelor’s degree or a Master’s degree from a U.S. university or a foreign equivalent degree in the field of specialty. A common mistake that many people make is to file an I-140 for an EB2 based on a Bachelor’s degree plus five years of experience. This will result in the visa petition being denied because USCIS will believe that the degree does not meet the requirement of an advanced degree.
It is important to note that the EB2 categories are reserved each year for 28.6% of the 140,000 employment-based green card visas available. This means that there is competition to obtain this category of green card each year. For this reason, it is highly recommended that any foreign citizen who is thinking about applying for EB2 consult with an experienced attorney to ensure they are properly prepared.
The most common types of EB-2 petitions are for medical doctors and advanced degree professionals. Typically, doctors must complete the requirements of the American Board of Medical Examiners or the National Board of Medical Examiners, Steps 1, 2, and 3. Similarly, advanced degree professionals must meet various requirements to qualify for this green card category.
In some cases, a petitioner may be able to waive the job offer requirement for an advanced degree or alien of exceptional ability by showing that it is in the national interest of the United States. This is a difficult standard to meet and USCIS will review each case on its own merits.
Generally, the most successful EB-2 petitions are those for individuals with an advanced degree in the sciences, arts or business. In addition to meeting the educational requirements, the individual must also demonstrate that he or she will be an asset to the country by having significant achievements in their field of expertise.
There are some occupations where a person will not meet the educational or work experience requirement for an advanced degree eb2 green Card but still qualifies under the National Interest Waiver. In this type of case, the foreign national must show that he or she will significantly contribute to the economic, cultural, social, or educational interests and welfare of the United States. This must be proven through a process of extensive evidence, including letters from current or former employers and any other appropriate documentation.