Who Qualifies?

One of the best ways to achieve permanent resident status in the U.S. is by obtaining a green card. However, millions of people apply for a green card each year, and the competition is very heavy. An immigration lawyer in Los Angeles like Grey Immigration Law will prove helpful when going through the lengthy green card application process. One of our trusted lawyers at Grey Immigration can guide you through this process and help ensure a faster and positive result. 

Immediate relatives of U.S. citizens and current green card holders get first preference when applying, so their waiting period is shorter. However, employment-based visas get second preference. 

Employment-based worker visas are given second preferences and are often referred to as EB-2 visas. The EB-2 visa is the employment-based green card category that gives permanent residency to foreigners with advanced degrees or exceptional ability. The typical recipient of this kind of visa is a professional with valuable skills that can support the U.S. economy and an education level above bachelor’s. To be approved for an EB-2 visa, the foreign national must be one of the following:

• Hold an advanced degree or its equivalent, or
• Have exceptional ability in the sciences, arts, or business

Employment Qualifications

However, a lawyer can tell you that you must have a job offer for an American-based company in order to qualify. Your employer will serve as your sponsor when you apply for an EB-2 visa, and they will have to be involved throughout the process. Your future employer will have to file a labor certification in order to sponsor you.

Your employer must: 

• File Form I-140 (Immigrant Petition for Non-Citizen Workers)
• Pay the filing fee
• Provide all required documentation 
• Demonstrate that you are the only worker qualified

They must clearly state that the minimum requirements are a master’s degree or a bachelor’s degree plus five years of career experience. The employer will need to provide proof that the job truly does require such progressive experience. Additionally, your company must also prove that they’ve gone through the interview process and that you are the only qualified candidate. In order to sponsor you, the employer must show that no American workers are the right fit for the position. 

Academic Qualifications 

In order to meet the requirements for an Advanced Degree Professional employment-based visa, you must show that you have completed the degree requirements for either a Master’s, Ph.D., Juris Doctor (J.D. or law degree), or an M.D. (medicine). Keep in mind that not all foreign degrees are transferable in the eyes of the U.S. government. However, if you don’t have the required academic credentials, then you are still eligible if you demonstrated “exceptional ability.”

Exceptional ability is defined as a degree of expertise significantly greater than others in the fields of science, art, or business. If the applicant can demonstrate great success in their field, such as an award for high achievement, then they still qualify. For example, presenting an Academy Award or a Nobel Peace Prize can demonstrate exceptional ability. This exception is made for foreign nationals on the basis that you can enrich the national economy, cultural or educational interests, or welfare of the American people. You must also demonstrate that your expertise in science, fine art, or business is desired by an employer in the United States.

National Interest Waivers 

If you do not have an employer sponsor for your EB-2 visa, you can still qualify. Foreign nationals are able to self-petition for a National Interest Waiver. A National Interest Waiver waives the need for a company sponsor by demonstrating that you represent great interest to the nation by being permitted to live in the U.S. 

As an applicant with the National Interest Waiver, you should demonstrate that you are seeking employment in an area of substantial intrinsic merit, like affordable housing or healthcare. Your industry and career goals must be to improve the nation, and a need for workers in that field is simply not enough. If you choose to apply for an employment-based visa with a National Interest Waiver, you should keep in mind that in the event your application is denied, it is not subject to judicial review.

Hiring an Immigration Lawyer

Since so much is riding on your employment-based visa application, you want to submit it with confidence. The best way to do that is to hire an attorney who handles EB-2 visas in Los Angeles residents can trust. Grey Immigration is a compassionate yet aggressive employment immigration law firm that will fight for your citizenship. 

Letting Grey Immigration guide you through the application process will take worry out of your hands, and it will make your path to green card approval clearer and shorter. Schedule a consultation with our office today.