EB-2 Permanent Residence in the USA: Professionals with Advanced Degrees

Introduction

Foreign nationals seeking to obtain Permanent Residence through employment may do so by qualifying for one of several categories of employment-based immigration. Employment-based immigration generally requires a strong evidence that the foreign worker is one of the finest in his/her field OR that there are no qualified U.S. workers to fill the position.

The Second Preference category (EB-2) is an immigrant category that requires a strong evidence that the foreign worker is a member of a profession holding an advanced degree or its equivalent OR who because of his or her exceptional ability in the sciences, arts, or business will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States. 

Immigration Law Associates, PC is well-versed and experienced in preparing EB-2 permanent residence applications on behalf of Advanced-Degree Professionals seeking to offer their talents and skills for employment in the U.S.

Elements of the EB-2 Category:

• Generally, an "advanced degree" beyond the baccalaureate will be considered an "advanced degree"; however, because some foreign degrees are evaluated as beyond a bachelor's degree but short of a master's degree in the United States, the threshold educational requirement will usually be a master's degree.
• As an alternative to the degree requirement, a baccalaureate degree plus five (5) years of progressive experience can serve as the equivalent of a master's degree.
• Members of the Professions Holding Advanced Degrees must be internationally recognized as outstanding in their specific academic area and meet certain other requirements (e.g) three years teaching or researching experience in the field and arriving to take a tenure or tenure-track position; professions include, but are not limited to:
  
  
  1. Architects;
  2. Engineers;
  3. Lawyers;
  4. Physicians;
  5. Surgeons;
  6. Teachers in elementary or secondary schools, colleges, academies, or seminaries

Please contact us to determine if your profession is one that is eligible for EB-2 qualification.

• Generally, "exceptional ability" is defined as a degree of expertise significantly above that ordinarily encountered. To further establish
  this definition, an alien should be able to satisfy any three (3) of the following criteria.

Other comparable evidence is also acceptable.

• Recent Trends in INS Adjudications: Because an alien can now concurrently file Form I-140 and the Adjustment of Status application, these cases are taking less time to complete. However, due to concerns for potential fraud, the USCIS is scrutinizing these cases more carefully before issuing benefits such as issuance of Employment Authorization.

Strategic EB-2 Visa Concepts

Strategic EB-2 Visa Concepts are key ideas that can govern an employer or foreign national’s use of the EB-2 immigrant visa category. These ideas are also important considerations that may guide when and if an EB-2 visa might be utilized and whether an employer and/or prospective foreign employee might consider perhaps another immigrant visa category.

• National Interest Waiver: The National interest Waiver (NIW) is a waiver of the job offer/labor certification requirement for individuals who wish to immigrate to the U.S. under the EB-2 category. While this category usually requires an employer and labor certification, the Attorney General may waive this requirement if the work of the alien is in the "national interest." The standards for approval of a NIW can be stated in a three-part test. A NIW is not warranted solely to improve a local labor shortage, and the petitioner must demonstrate that the benefit his unique skills would provide substantially outweighs the inherently national interest of protecting U.S. workers through the labor certification process.
• The Three-Part NIW Test:  In order for an NIW to be approved, the NIW request must satisfy ALL of the following.

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