Advanced Degree (EB-2)
Second preference (EB-2) applicants receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas plus any unused visas from the first preference (EB-1) category. These applicants must generally have labor certification, a job offer, and a Form I-140 filed by the prospective U.S. employer on behalf of the applicant.
Applicants may apply for an exemption from the job offer and labor certification requirements if such an exemption would be in the national interest. Second preference (EB-2) visas are available to:
Professionals holding an advanced degree – Must be a higher level degree than a baccalaureate degree or a baccalaureate degree and at least five years of progressive experience in the profession; and
Persons with exceptional ability in sciences, arts or business.
Foreign nationals may apply for permanent residence (green card) in the United States based on their employment status. Each fiscal year, approximately 140,000 employment-based immigrant visas (green cards) are made available to qualified foreign nationals. These visas are divided into five preference categories denominated EB-1 through EB-5.
For some of the preference categories (categories EB-2 and EB-3), the foreign national’s prospective employer must obtain a labor certification from the Department of Labor. Pursuant to this certification process, the employer must establish, among other things, that there are insufficient minimally qualified U.S. workers to fill the applicant’s position at the prevailing wage for that position, and that employment of the foreign worker will not have an adverse effect on the wages and working conditions of similarly employed U.S. workers. Once certification is obtained, the employer, or in limited cases, the applicant, must file an Immigrant Petition for Alien Worker, Form I-140, with the U.S. Citizenship and Immigration Services (“USCIS”).
How We Can Help
We have significant experience working with international clients on the green card process. We take the time to understand each of our clients’ qualifications and recommend a course of action which will maximize the chances of a successful permanent residence application.
Our multi-disciplinary background in engineering and business is a significant asset, enabling us to fully comprehend and accurately describe the background and qualifications of our technical and investor clients. In addition to our legal expertise, our language skills in Spanish and Portuguese make us particularly helpful to our Latin American, Spanish, and Portuguese clients.