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EB-2 Employment Based Second Preference

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:
  1. 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?
    1. Improve the U.S. economy
    2. Improve wages and working conditions of U.S. workers.
    3. Improve education and training programs for U.S. children and other qualified workers.
    4. Improve health care.
    5. Provide more affordable housing for young and/or older, poorer U.S. residents
    6. Improve the U.S. environment and make more productive use of natural resources or
    7. Involve a request from an interested government agency.
  2. Persons with an advanced degree (such as a master's degree or higher) or its equivalent.
    This requires the following:
    1. A labor certification (unless this requirement is waived) and
    2. Either:
      1. An official academic record showing that the alien has a U.S. advanced degree or an equivalent foreign degree, or
      2. 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.
  3. Persons with exceptional ability in the sciences, arts, or business.
    This requires the following:
    1. A labor certification (unless this requirement is waived) and
    2. At least 3 of the following:
      1. 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
      2. 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
      3. A license to practice the profession or certification for a particular profession or occupation
      4. Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability
      5. 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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