An employment-based greencard petition can be filed in the EB-2, Advanced Degree Professionals, category if the job requires an advanced degree (beyond Bachelor’s degree such as a Master’s degree or Ph.D.) and the alien has such a degree or the equivalent (Bachelor’s degree plus five years of progressive experience in the profession. Also called a BS+5.) The degree may be from the U.S. or an equivalent degree from a foreign country. If applying by BS+5, the experience letters from former employers showing that the alien has at least 5 years of progressive experience in the specialty after the Bachelor’s degree are required. The experience from the current employer CAN NOT be used unless that experience is for a different job (different job duties, promotion to manager etc.) than for the job for which the petition is being filed.
Please note that merely having an advanced degree or the equivalent (BS+5) is not enough to file an EB-2 petition, the job must require it. The alien must be working in a professional occupation such as being a lawyer, doctor, architect, engineer, or teacher.
An employer sponsorship as well as PERM labor certification are required for this category.
EB-2 Greencard – Advanced Degree Professionals – Documents
The following documents must be filed with the petition:
- An approved labor certification, or a request for a waiver of a job offer because the employment is deemed to be in the national interest, with documentation provided to show that the beneficiary’s presence in the U.S. would be in the national interest.
- An official academic record showing that the alien has a U.S. advanced degree or an equivalent foreign degree, or an official academic record showing that the alien has a U.S. bachelor’s degree or an equivalent foreign degree and letters from current or former employers showing that the alien has had at least 5 years of progressive post-bachelor experience in the specialty.
EB-2 Greencard – Advanced Degree Professionals – Application Procedure
- You need to first get a permanent, full time job offer, unless you are qualified under a National Interest Waiver(NIW).
- Your employer must file for PERM Labor Certification (except occupations under Schedule A or if qualified under a National Interest Waiver(NIW)). To apply for a NIW, you must still submit a Department of Labor ETA Form 9089. The labor department will review the case for a NIW and grant the waiver if appropriate.
- Your employer must file a Form I-140 Petition for Immigrant Worker for you. However, if you are qualifying under a NIW, you can file for the Form I-140 yourself.
- When the priority date is current, either an Adjustment of Status if you are in the US or go through Consular Processing at a US Consulate/Embassy abroad.
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