The EB-2 Visa Process for Advanced Degree Graduates

To apply for a Green Card through the EB-2 visa for advanced degree graduates, you’ll need to demonstrate that your education and skills are beneficial to the U.S. economy, culture, or welfare. Here’s a breakdown of the process:

1. Understand EB-2 Requirements

The EB-2 visa has three main categories:

• Advanced Degree: Requires a job offer for a role requiring an advanced degree (Master’s or higher), or a Bachelor’s with at least five years of progressive experience.

• Exceptional Ability: Requires proof of expertise in the arts, sciences, or business, benefiting the U.S.

• National Interest Waiver (NIW): Allows you to self-petition without a job offer if your work is of significant benefit to the U.S. This path is often chosen by researchers, doctors, and professionals aiming to address critical U.S. needs.

2. Gather Documentation

• Educational Credentials: Diplomas and transcripts from an accredited institution.

• Proof of Experience: Letters from past employers if applying with a Bachelor’s degree.

• Evidence of Exceptional Ability (if applicable): This could include awards, published research, patents, or significant contributions to your field.

• Proof of National Interest (for NIW): Show that your work is critical to the U.S., whether it’s addressing health, economic, or educational issues.

3. Labor Certification (PERM)

• For Advanced Degree and Exceptional Ability applicants (except NIW), the employer must file a PERM Labor Certification with the Department of Labor. This shows there are no qualified U.S. workers available for the position.

• For NIW: PERM is not required, allowing self-petitioning.

4. File Form I-140 (Immigrant Petition for Alien Worker)

• Employer-Sponsored: Your employer submits the I-140 petition to U.S. Citizenship and Immigration Services (USCIS).

• Self-Petition (NIW): You file the I-140 petition yourself. Provide a comprehensive petition that outlines your work’s impact and its benefits to the U.S.

5. Apply for Adjustment of Status or Consular Processing

• If you’re already in the U.S. on a valid visa, file Form I-485 (Adjustment of Status) once your priority date becomes current.

• If outside the U.S., you’ll undergo Consular Processing by attending an interview at a U.S. embassy or consulate once the visa is available.

6. Interview and Approval

• For both Adjustment of Status and Consular Processing, an interview is often required. Be prepared to discuss your job offer, qualifications, and how you meet EB-2 or NIW requirements.

Processing Times

• EB-2 petitions generally take 6-12 months, depending on backlogs and priority dates. Premium processing is available for the I-140, allowing for expedited processing within 15 days.

Obtaining a Green Card via the EB-2 route for advanced degree graduates involves demonstrating your qualifications, the need for your skills in the U.S., and, in some cases, proving you are filling a role where qualified U.S. workers are unavailable.