EB-2 Green Card Q&A

An EB-2 green card is an immigrant visa for foreign professionals with advanced degrees or exceptional abilities, allowing them to live and work permanently in the U.S. Applicants must have a job offer from a U.S. employer and meet specific eligibility criteria.

There are two main categories:

• Advanced Degree: Applicants must hold a degree higher than a bachelor’s (e.g., Master’s or Doctorate) or a bachelor’s degree plus at least five years of relevant work experience.
• Exceptional Ability: Applicants must demonstrate significant expertise in their field, such as art, business, or science, supported by a specialized degree and evidence of exceptional competence.

The PERM labor certification is a process where the U.S. employer must test the job market to ensure no qualified U.S. workers are available for the position. The employer certifies that the position is open, pays a prevailing wage, and requires the specific skills of the foreign worker.

The process includes three steps:

1. The employer files for Permanent Labor Certification (PERM) with the U.S. Department of Labor.
2. Once certified, the employer submits Form I-140 (Immigrant Petition for Alien Worker) to sponsor the foreign worker.
3. The applicant either adjusts their status using Form I-485 (if in the U.S.) or completes consular processing with an interview at a U.S. consulate in their home country.

Yes, in certain cases, applicants can request a National Interest Waiver (NIW), which allows them to bypass the job offer and labor certification requirements. This is typically for individuals whose work benefits the U.S. as a whole.