EB-2: ADVANCED WORKERS
The second type of employment-based green card EB-2 has laxer eligibility requirements than EB-1. However, the permanent labor certification (PERM) process is a prerequisite.
EB-2 requirements include:
- Professionals who hold advanced degrees.
- Foreign nationals with exceptional ability in the sciences, arts or business.
- Professionals whose work benefits the national interest of the United States.
EB-2 REQUIREMENTS: WHO QUALIFIES?
Professionals Holding Advanced Degrees
The professional must have earned an advanced academic degree or equivalent to qualify.
- The job being filled must normally call for a worker with specific higher education.
- Foreign nationals must provide official academic records or diplomas.
- Equivalent work experience requires evidence of an undergraduate degree, as well as letters from current (or former) employers showing at least five years of progressive work experience in a specific specialty or field.
Foreign Nationals with Exceptional Ability in the Sciences, Arts or in Business
Professions include: lawyers, doctors, physicists, economists, analysts, professional athletes, artists and opera singers.
- Evidence of three qualifying criteria must be shown.
NIW: PROFESSIONALS WHOSE WORK BENEFITS THE NATIONAL INTEREST OF THE UNITED STATES
Professionals with exceptional ability, and whose employment in the United States has a profoundly positive national impact, may be eligible for a National Interest Waiver (NIW).
Applying for a National Interest Waiver does not require the PERM process nor a formal job offer.
Must provide evidence that work will have favorable impact on the United States, and benefit one of the following:
- The U.S. economy
- Wages and working conditions of U.S. workers
- Education and training programs for U.S. children andunder-qualified workers
- Affordable housing for young or older, less affluent U.S. residents
- The U.S. environment (by efficiently using national resources)
- International cultural understanding, or the worker must be requested by a U.S. governmental agency
Must meet at least three specific criteria to be eligible, such as documented proof of professional certification or a letter displaying 10 years of work experience in the field.
Example: Favorable impact
A childhood obesity specialist conducting groundbreaking research that will drive the development of cultural changes and positively impact the United States.
Key HR Takeaways
- While the EB-2 case is more difficult to document and substantiate than the others, successful applicants often move faster through the process than those in other categories, since fewer qualified candidates exist.
- When describing the job, as part of the labor certification process, employers must clearly articulate the minimum requirements for the position as holding a master’s or bachelor’s degree, plus five years of progressive experience.
- Does the employee hold an advanced degree?
- Does the employee have exceptional ability in the sciences, arts or in business?
- Does the employee’s field of expertise benefit the national interest of the United States?
- If the employee does not have an advanced degree, does he or she have an undergraduate degree and at least five years of progressive work experience?
- Does the role meet necessary requirements to begin the labor certification (PERM) process?
If you answered YES to any of these questions, the EB-2 green card may be a permanent residency option for your employee. To confirm eligibility for your foreign national, contact Envoy at (855) 847-2669 or visit envoyglobal.com/about-us/contact.