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EB-2 Green Card / PERM

EB-2 Green Card/PERM- You might qualify for an employment-based, second preference visa if you are a professional holding an advanced degree or its equivalent, or an individual with exceptional ability

Advanced degree (Master’s Degree or Higher or a Bachelor’s Degree with 5 Years of Experience): The job you are applying for must demand an advanced degree, and you must possess either such a degree or its foreign equivalent (a baccalaureate or foreign equivalent degree plus 5 years of post-baccalaureate, progressive work experience in the field). Additionally, you must fulfill any other requirements specified on the labor certification applicable as of the priority date. To support your application, you should provide documentation, such as an official academic record indicating your U.S. advanced degree or its foreign equivalent. Alternatively, you can submit an official academic record showing your U.S. baccalaureate degree or foreign equivalent degree, along with letters from current or former employers demonstrating at least 5 years of progressive post-baccalaureate work experience in the specialty. If a doctoral degree is typically required for the position, you must hold a United States doctorate or its foreign equivalent degree.

Exceptional Ability: To qualify, you must demonstrate exceptional ability in the sciences, arts, or business. Exceptional ability defined as a degree of expertise significantly above that ordinarily encountered in the respective fields. Additionally, you must satisfy any requirements specified on the labor certification as applicable. Note that this is different from “extraordinary ability.”

  • You need to fulfill at least three of the criteria listed below:Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
  • Letters from current or former employers documenting at least 10 years of full-time experience in your occupation
  • A license to practice your profession or certification for your profession or occupation
  • Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
  • Membership in a professional association(s)
  • Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
  • Other comparable evidence of eligibility is also acceptable.

Labor Certification and Ability to Pay: Employment-based, second-preference petitions must usually be accompanied by a certified Application for Permanent Employment Certification from the Department of Labor (DOL) on ETA Form 9089, however, DOL provides for a blanket (Schedule A) certification in certain situations. As part of the application process, your employer must be able to demonstrate an ability to pay the offered wage as of the priority date and continuing until you obtain lawful permanent residence status. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage. Finally, you may request a waiver of this requirement in the national interest through the petition filed with USCIS. Because the national interest waiver waives the job offer, you do not need to demonstrate an employer’s ability to pay a wage.

Duration: Green cards are permanent residency status documents. As long as you meet the residency requirements and do not violate the terms of the visa, you can retain them for life.

Family Members: If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-21 and E-22 immigrant status, respectively.