EB2 Green Card for MA/MSC/PHD
EB2 Green Card: When looking at the various visa options that we’ve covered the EB2 green card visa is very much a strategic play. Let me explain it this way; the H-1B graduate visa is a relatively fast and easy visa to get if you have a BA degree or higher. Subject to availability, an H-1B visa can be prepared in a 2-4 weeks, filed and a decision can be made in a further 2 weeks. There is a little more to it than outlined but the overall point is well made. In contrast EB2 green card visas can take many months to prepare, file and get a decision on, so long in fact that an employer will not typically wait possibly over a year for an employee to be able to start work. Therefore, what many aliens do is get their H-1B visa taken care of because of the relative speed of processing and these H-1B visas have an initial visa duration of three years. Now the employer and the employee can work together while the EB2 green card visa is processed.
Green cards by way of employment are classified into categories, the only reason for this classification is because each category of green card are given their own quotas The three main categories are the EB1 green card for Aliens o Extraordinary Ability, the EB2 green card for aliens who are members of the “professions” typically requiring an advanced degree and the EB3 green cards who are aliens of exceptional ability typically requiring aliens with a Associate Degree (equivalent to half a BA) or above.
Each year US Immigration (USCIS) allocates approximately 40,000 green cards to each category. As you might imagine, the EB1 green card visas and EB2 green card visas are rarely all used up each year, but for the EB3 green card visa applicants in this category can often backlogged for 3-5 years, so there is clear incentive to qualify for the EB2 if the education and job opportunity is there.
In order to qualify for the EB2 green card visa there are a few steps the applicant has to go through so let me run through them.
Labor Certication (PERM)
Even though a US Employer can hire any graduate alien under the H-1B graduate visa program without regards as to whether there are any suitably qualified Americans available when it comes to petitioning that alien for a green card it’s a different story. For the EB2 green card visa aliens the employer is required to go through a process called Labor Certification also known as PERM.
This is a process where by the employer is required to advertize this permanent vacancy to the US work force through a series of advertizing requirements and only if no suitable qualified aliens are found is the employer then allowed to hire an alien. The process of Labor certification is monitor by the Department of Labor (DOL) and it’s the DOL that issues the certificate or permit to the employer. The employer is then required to submit that certificate with the petition to USCIS as proof that the employer successfully completed the Labor certification process.
There’s no doubt about it PERM can be a real hassle, nevertheless it’s our job to take as much of the hassle out of the entire process as possible.
Qualifications vs. Job on Offer
It is important that the professional with the advanced degree is matched with a job where the minimum qualifications are of an advanced nature. For some professions this is very easy to identify such as a lawyer must have a law degree and a law degree is an advanced degree therefore qualification and job are a perfect EB2 green card visa match. Equally so a Medical Doctor taking up employment as a Medical Doctor must have a PHD, there are no exceptions, therefore another perfect match.
However, there are some professions where the demarcation lines are less clear, for example, a marketing executive earning $300,000 per year may not even have a degree and it’s less clear whether that particular marketing position or a similar role would necessarily require an advanced degree or a BA plus five years experience. It’s also worth noting that if this marketing executive had twenty years experience but had no degree then the EB2 green card visa would be unlikely to be a good fit. So it’s really important that the advance qualifications are the minimum requirements generally for that position.
We can talk over your individual case and discuss which of the EB green classifications would be right for your particular needs.
By Chris M. Ingram, LL.M., ESQ.
Attorney at Law
US Immigration Law Offices of Chris M. Ingram
Chris M. Ingram LL.M., ESQ – Immigration Attorney
Admitted in New York.
Practice Specializing in US Immigration Law
520 Broadway, Suite 350,
Tel: 310 496 4292
Everyday the Law Offices of Chris M. Ingram provides a comprehensive range of US Immigration expertise. We also provide a free consultation for our prospective clients.
General Location: Santa Monica , Santa Clarita, Los Angeles, California, USA.
Serving all 50 States
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