GREEN CARD THROUGH EB2
ADVANCED DEGREE OR EXCEPTIONAL ABILITY
GREEN CARD THROUGH EMPLOYMENT RELATIONSHIP - HOUSTON, TX IMMIGRATION LAWYER
A foreign citizen seeking to establish lawful permanent residency through employment in the United States must be a beneficiary of an approved application for permanent employment certification. In order for the application to be approved, the prospective employer must test the labor market and determine whether the position can be provided to immediately available U.S. workers.
AM I ELIGIBLE FOR RESIDENT STATUS WITH ADVANCED DEGREE OR EXCEPTIONAL ABILITY?
EB2: Employment-Based Immigration– Advanced Degree or Exceptional Ability
Eligibility
You will need a labor certification and must meet basic criteria depending on your category.
Advanced Degree
You must have have an advanced degree or its equivalent, which is a bachelor’s degree plus five years of progressive work experience in the field.
Acceptable documentation includes:
- An official academic record showing you have a U.S. advanced degree (or a foreign equivalent degree); or
- An official academic record showing you have a U.S. bachelor’s degree (or a foreign equivalent degree) and letters from current or former employers showing you have at least five years of progressive work experience in your field after you earned your bachelor’s degree.
Exceptional Ability
You must be able to show exceptional ability in the sciences, arts, or business, which will greatly benefit the U.S. economy, cultural or educational interests, or welfare in the future. Exceptional ability means, “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”
We will review all the evidence you submit at one time, and will determine whether you qualify for this classification.
National Interest Waiver
If you are requesting that we waive the labor certification (also known as a job offer) because it is in the best interest of the United States, you are eligible to file a petition in your own behalf. You may do this whether you seek to classify yourself as a member of a profession who has an advanced degree or if you have an exceptional ability.
We will review all the evidence you submit to determine whether you have satisfied the three criteria and whether it is in the best interest of the United States to grant this discretionary waiver.
It may sound simple, but the steps require significant time and in-depth analysis of your immigration history and the legal requirements. We recommend to speak with us as early as you are thinking about it. Do not wait until you are 100% sure you want to hire this candidate. Consult with us in the early stages. Consider as your consultant. We can save you time and stress. We keep you updated every time there is a notice from the government and new policies by the President (Executive Branch).
We are here to guide families and companies every step of the way. We offer these services as a one-time fee or monthly representation fee.
WHAT ARE THE DIFFERENT EMPLOYMENT RELATIONSHIPS THAT QUALIFY?
- Are a first preference immigrant worker, meaning you:
- Have extraordinary ability in the sciences, arts, education, business or athletics, or
- Are an outstanding professor or researcher, or
- Are a multinational manager or executive who meets certain criteria
- Are a second preference immigrant worker, meaning you:
- Are a member of a profession that requires an advanced degree, or
- Have exceptional ability in the sciences, arts, or business, or
- Are seeking a national interest waiver
- Are a third preference immigrant worker, meaning you are:
- A skilled worker (meaning your job requires a minimum of 2 years training or work experience), or
- A professional (meaning your job requires at least a U.S. bachelor’s degree or a foreign equivalent and you are a member of the profession), or
- An unskilled worker (meaning you will perform unskilled labor requiring less than 2 years training or experience)
- Are a physician who agrees to work full-time in clinical practice in a designated underserved area for a set period of time and also meets other eligibility requirements
- Have invested or are actively in the process of investing at least $1 million (or $500,000 in a targeted employment area) in a new commercial enterprise in the U.S. which will create full-time positions for at least 10 qualifying employees