Description
There are many ways for foreign nationals
to obtain lawful permanent resident status in the U.S.A.
An employer may sponsor a foreign national for lawful permanent
residence in the U.S.A. Some employment-sponsored applications
require a labor certification. The employment-sponsored applications
in EB2 may or may not require labor certifications. This
is detailed below.
Requirements
Listed below are the three categories of EB2 and each
of their requirements:
- Persons performing work in the national interest of
the U.S.A. ("National Interest Waiver"). The
factors below are considered by the INS when deciding
a National Interest Waiver application - does the work
in question do any of the following?
- Improve the U.S. economy
- Improve wages and working conditions of U.S. workers.
- Improve education and training programs for U.S.
children and other qualified workers.
- Improve health care.
- Provide more affordable housing for young and/or older,
poorer U.S. residents
- Improve the U.S. environment and make more productive
use of natural resources or
- Involve a request from an interested government
agency.
- Persons with an advanced degree (such as a master's
degree or higher) or its equivalent.
This requires the following:
- A labor certification (unless this requirement
is waived) and
- Either:
- An official academic record showing that the
alien has a U.S. advanced degree or an equivalent foreign
degree, or
- An official academic record showing that the alien
has a U.S. baccalaureate degree or an equivalent
foreign degree and letters from current or former employers
showing that the alien has at least 5 years of progressive
post-baccalaureate experience in the specialty.
- Persons with exceptional ability in the sciences,
arts, or business.
This requires the following:
- A labor certification (unless this requirement is
waived) and
- At least 3 of the following:
- Official academic record showing that the alien has
a degree, diploma, certificate, or similar award
from an institution of learning relating to the
area of exceptional ability
- Letters from current or former employers showing
that the alien has at least 10 years of full-time
experience in the occupation for which he/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
Family Members
The spouse and minor, dependent children
of the foreign national may be entitled to apply for permanent
residence as described above. Once the I-485 applications
for the spouse and minor, dependent children are received
by INS, they may apply for INS employment authorization.
Duration of Visa
Lawful permanent resident status is permanent
as long as residence in the U.S.A. is maintained and no violations
of status occur. After five years in lawful permanent resident
status, an application for naturalization (U.S. citizenship)
may be filed.
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