EB2 Green Card

JRD Legal > EB2 Green Card

The EB2 Visa (or EB2 Green Card) is for Employment-Based “Exceptional” Ability or Advanced Degree Permanent Residence (Second Preference).

This US visa is available to two main types of applicant:

Members of professions who hold an advanced degree (or equivalent),
or those who can otherwise prove “exceptional ability” (i.e. expertise that is significantly higher than the norm) in their particular field, whether the sciences or arts, medicine, business, or athletics.

The EB2 Green Card is highly desirable because it can offer a relatively fast route to permanent U.S. residence. However, it does come under close scrutiny by USCIS, so you are strongly advised to hire an immigration attorney that has a track record in successful EB2 applications.

Eligibility – It Is Suitable For:

Foreign professionals with an advanced university degrees (masters degree or higher) and with a job offer from a U.S. company
Foreign nationals with exceptional ability in the sciences, business or arts and with a job offer from a U.S. company
U.S. companies to sponsor the Green Card application for foreign professionals holding advanced university degrees, or persons with exceptional ability in the sciences, business, or arts
Universities to sponsor the Green Card application for foreign national professors and researchers of exceptional ability
Immediate family members of EB2 Green Card applicants

Note:

Foreign nationals applying for the EB2 Green Card may take advantage of the National Interest Waiver (NIW) if they are involved in an activity that could potentially benefit the National Interest of the U.S.
Foreign nationals in the process of adjusting their Immigration Status, who are planning to travel abroad, must obtain advance permission prior to leaving the U.S in order to return to the U.S.
U.S. permanent residents planning to leave the U.S. for more than a year must obtain a Reentry Permit prior to leaving the U.S.
U.S. permanent residents may apply for Citizenship if they have been a permanent resident for at least 5 years.

FAQ

1.What is an EB-2 Employment based immigrant visa?

The EB-2 employment visa is an immigrant visa which allows foreign nationals holding an advanced degree to obtain residency in the U.S. You must be a foreign national who:

Is a member of the professions holding advanced degrees or their equivalent; or
Because of your exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the U.S.

2. What is the definition of ‘advanced degree’ for EB-2 Employment based immigrant visa?

‘Advanced degree’ means any U.S. academic or professional degree or a foreign equivalent degree above that of baccalaureate. A U.S. baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master’s degree. If a doctoral degree is customarily required by the specialty, you must possess a U.S. doctorate or a foreign equivalent degree.

3. What is the definition of ‘exceptional ability’ for EB-2 Employment based immigrant visa?

‘Exceptional ability’ means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.