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New York City Business Immigration Lawyer / New York City EB-2 Advanced Degree Green Card Lawyer

New York City EB-2 Advanced Degree Green Card Lawyer

Understanding the EB-2 Green Card

The EB-2 green card is an employment-based, second preference visa for foreign nationals who hold advanced degrees or possess exceptional ability in their field. This visa category is designed to attract highly skilled professionals who can contribute significantly to the U.S. economy and culture. Contact our experienced New York City EB-2 advanced degree green card lawyer for more information or assistance.

Categories of EB-2 Green Card

There are three main categories under the EB-2 visa:

  1. EB-2(A): Advanced Degree
    • For individuals holding an advanced degree (master’s degree or higher) or a bachelor’s degree with at least five years of progressive work experience in the field.
  2. EB-2(B): Exceptional Ability
    • For individuals with exceptional ability in the sciences, arts, or business. Exceptional ability means a degree of expertise significantly above that ordinarily encountered in the field.
  3. EB-2(C): National Interest Waiver (NIW)
    • For individuals whose employment in the U.S. would greatly benefit the nation. This category waives the job offer and labor certification requirement if the individual can demonstrate that their work is in the national interest.

Eligibility Criteria for EB-2 Green Card

To qualify for an EB-2 green card, applicants must meet specific eligibility criteria:

  1. EB-2(A): Advanced Degree
    • Must have an advanced degree (master’s, PhD, or its equivalent) or a bachelor’s degree with at least five years of progressive work experience in the field.
    • Must provide documentation of the degree and work experience.
  2. EB-2(B): Exceptional Ability
    • Must provide evidence of exceptional ability in the sciences, arts, or business through at least three of the following:
      • Official academic record showing a degree or diploma from a college, university, or other institution of learning relating to the area of exceptional ability.
      • Letters documenting at least ten years of full-time experience in the occupation.
      • A license to practice the profession or certification for a particular profession or occupation.
      • Evidence that the applicant has commanded a salary or other remuneration for services that demonstrates exceptional ability.
      • Membership in professional associations.
      • Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.
      • Other comparable evidence of eligibility is also acceptable.
  3. EB-2(C): National Interest Waiver (NIW)
    • Must demonstrate that the work being done has substantial merit and national importance.
    • Must show that the applicant is well-positioned to advance the proposed endeavor.
    • Must prove that, on balance, it would be beneficial to the U.S. to waive the job offer and labor certification requirements.

Application Process

The application process for an EB-2 green card involves several steps:

  1. Labor Certification (for EB-2(A) and EB-2(B)):
    • The U.S. employer must obtain a labor certification from the Department of Labor (DOL) through the PERM process, demonstrating that there are no qualified U.S. workers available for the position and that hiring the foreign worker will not negatively affect the wages and working conditions of U.S. workers.
  2. File Form I-140:
    • The U.S. employer (or the applicant in the case of an NIW) files Form I-140, Immigrant Petition for Alien Worker, with the United States Citizenship and Immigration Services (USCIS), along with supporting documents to prove eligibility.
  3. Adjustment of Status or Consular Processing:
    • If the applicant is in the U.S., they can file Form I-485, Application to Register Permanent Residence or Adjust Status, to adjust their status to a permanent resident once the I-140 petition is approved and a visa number is available.
    • If the applicant is outside the U.S., they will go through consular processing at a U.S. embassy or consulate to obtain an immigrant visa.

Benefits of the EB-2 Green Card

The EB-2 green card offers several advantages:

  • Permanent Residency: Provides a pathway to U.S. permanent residency for highly skilled professionals.
  • Family Benefits: Spouses and unmarried children under 21 years old can also obtain green cards and enjoy permanent residency.
  • Job Flexibility: Allows professionals to contribute their skills to the U.S. economy and culture.
  • Advanced Career Opportunities: Opens up advanced career opportunities in the U.S. for individuals with advanced degrees or exceptional ability.

Challenges and Considerations

While the EB-2 green card provides many benefits, it also comes with challenges:

  • Documentation Requirements: Gathering the necessary documentation to prove eligibility can be complex and time-consuming.
  • Labor Certification: The PERM process requires careful adherence to regulatory requirements and can be lengthy.
  • National Interest Waiver: Demonstrating eligibility for a National Interest Waiver requires substantial evidence and a well-prepared case.

The EB-2 green card is an excellent option for foreign nationals with advanced degrees or exceptional ability who wish to live and work in the United States. By meeting the eligibility criteria and navigating the application process, highly skilled professionals can secure permanent residency and contribute to the U.S. economy and culture.

For personalized assistance with your EB-2 green card application, contact our Manhattan EB-2 green card attorney who specialize in employment-based immigration.

New York City EB-2 Green Card FAQs

Q: How long does the EB-2 green card process take?
A: The processing time for an EB-2 green card can vary, but it generally takes several months to over a year, depending on individual circumstances and USCIS processing times.

Q: Can EB-2 green card holders bring their families to the U.S.?
A: Yes, EB-2 green card holders can bring their spouses and unmarried children under 21 years old to the U.S. as permanent residents.

Q: What is the difference between an EB-2 and an EB-3 green card?
A: The EB-2 green card is for individuals with advanced degrees or exceptional ability, while the EB-3 green card is for professionals, skilled workers, and other workers with less stringent qualification requirements.

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