Usually an EB-2 foreign national must have a job offer from a U.S. employer and a valid approved labor certification or PERM to file a petition under this category. The labor certification requirement can be waived if it can be demonstrated that it is in the national interest to “admit” the foreign national (see National Interest Waiver).
The EB-2 category has two sub-groups:
- Advanced Degree Professionals: Advanced degree professionals are those persons holding a Ph.D. degree, a Master’s degree, or a Bachelor’s degree plus 5 years of experience after receiving the Bachelor’s degree in the related field.
- Exceptional Ability Foreign Nationals: Exceptional ability foreign nationals are defined as those “who because of their exceptional ability in the sciences, arts, business, or athletics will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States.” These foreign nationals must, as a general proposition, have a degree of expertise significantly above the ordinary, and must submit proper evidence to prove such a degree of expertise.
How We Can Help
- Navigate through the channels of the Department of Labor to obtain the required labor certification.
- Assist you in determining eligibility, filing the petition and required documents in the relevant category.
- Walk you through the final stages of obtaining the green card, either via adjustment of status or consular processing.