US Immigration Attorney: EB2 Employment Based Green Card

This immigrant visa category applies to professionals holding advanced degrees and aliens of exceptional ability. These two options do require a labor certification and an employer. However, the National Interest Waiver also falls under this preference category but this option does not require a labor certification or an employer.

MEMBERS OF THE PROFESSION HOLDING AN ADVANCED DEGREE

This category requires an employer and a PERM labor certification from the US Department of Labor. This category applies only to those who have an advanced degree (professional or academic degree) or to those who have a minimum of a bachelor’s degree plus five (5) years of work-related experience. The bachelor’s degree plus five (5) years of work-related experience is acceptable by the

The US Citizenship & Immigration Service defines an advanced degree as a professional or academic degree, given by a US institution of higher learning, beyond that of a bachelor’s degree. A foreign degree from an overseas institution may also be acceptable if the US Citizenship & Immigration Service determines the foreign degree to be the equivalent to a US degree.

This category requires an employer and a PERM labor certification from the US Department of Labor. The labor certification must attest that the position offered requires the minimum of an advance degree or a bachelor’s degree plus five (5) years of work-related experience.

ALIENS OF EXCEPTIONAL ABILITY

Pursuant to 8 C.F.R. section 204.5(k)(3), to show that you are a person of exceptional ability in the sciences, arts, or business, your employer must submit a petition accompanied by at least three of the following supporting documentation:

· An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;

· Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;

· A license to practice the profession or certification for a particular profession or occupation;

· Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;

· Evidence of membership in professional associations; or

· Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.

The US Citizenship & Immigration Service will also consider comparable evidence to establish exceptional ability for this EB2 immigrant visa category.

Note that this category is a separate immigrant visa category than the alien of extraordinary ability category even though many of the criteria are similar. Unlike the alien of extraordinary ability category, this “alien of exceptional ability” category requires you to show that you have a job offer in your research/professional field. The only exception to the labor certification is the “National Interest Waiver,” which is referenced below.

NATIONAL INTEREST WAIVER (NIW)

The threshold requirement for a National Interest Waiver is a master’s degree or “exceptional ability” in your field. Exceptional ability may be evidenced by at least three of the following ten forms of documentation:

· Receipt of lesser nationally or internationally recognized prizes or awards

· Membership in associations that require outstanding achievement

· Published material about you in professional or major trade publications or other media

· Served as a judge of the work of others (individually or on a panel)

· Original contributions of major significance in the field (scientific, scholarly, artistic, athletic, or business-related)

· Authorship of Scholarly articles or publications in profession or major trade publications or media

· Display of work at Artistic exhibitions or showcases

· Performance of a Leading or critical role for distinguished organizations

· Receipt of High salary or remuneration in relation to others in the field

· Commercial success in performing arts

The main requirement for a National Interest Waiver is a three-part test set forth according to In re New York State Department of Transportation, Interim Decision #3363, August 7, 1998. You must meet all three parts to qualify for National Interest Waiver:

· What you do must be of “substantial intrinsic merit;”

· The benefits of your work must be “national in scope” (as opposed to being purely local); and

· You must establish that your past record of achievement demonstrates that you can benefit the national interest to a “substantially greater degree than would an available US worker having the same minimum qualifications.”

Contact an experienced EB2 Immigration Attorney toll free at 800.993.9097. Our US Immigration Attorney has extensive experience obtaining permanent residency for foreign physicians, scientists, and businessmen. Email us today for a free case review.