EB-2 & EB-3 Green Cards

Advanced Degrees, Exceptional Ability, National Interest Waiver

The EB-2 green card is for: 1) foreign nationals who possess exceptional ability in the arts, sciences or business; 2) foreign nationals with advanced degrees; or 3) foreign nationals who qualify under a national interest waiver (NIW). Those who qualify for an EB-2 green card must be sponsored by a U.S. employer.

Exceptional Ability

Applicants who possess exceptional ability in the sciences, arts, or business and who have an offer of employment by a U.S. employer may be eligible for an EB-2 green card. Exceptional ability as defined as “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” This standard is considered lower than that of an EB-1 green card.

Advanced Degrees

Individuals who possess advanced degrees (i.e. Ph.D., J.D., M.D., MBA, Master’s, etc.) and who have been offered a job by a U.S. employer that requires an advanced degree, may be eligible for an EB-2 green card. For example, a U.S. based law firm is seeking to fill a senior associate attorney position. The applicant possesses a law degree from a U.S. law school. Since the applicant possesses an advanced degree, and since the position requires an advanced degree, she may be eligible for an EB-2 green card.

National Interest Waiver

Foreign nationals may be eligible for an EB-2 green card based on a national interest waiver. These applicants would request that Labor Certification be waived because his or her activities are in the interest of the United States. There are no specific occupations that qualify for a NIW, though such waivers are usually granted to applicants who have demonstrated an exceptional ability and whose employment in the U.S. would be a benefit to the country. NIW petitions do not require an employer sponsor, and applicants may self-petition.

EB-3 Green Card

The EB-3 green card allows certain skilled workers with two or more years training and experience, professionals with U.S. bachelor degrees, and other “unskilled” workers, to qualify for a green card based on a U.S. employer petition.  The process is generally the same as the EB-2 advanced degree green card, although the wait time (as determined by the priority date) is much longer than those who qualify under the EB-2 category.

Our EB-2 & EB-3 Green Card Legal Services

Our legal services include: working with the petitioning employer to create a viable job or position that meets the EB-2 or EB-3 criteria; determining whether the employer and the candidate meet all EB-2 or EB-3 requirements; submitting a prevailing wage determination; undergoing the PERM/recruiting process; submitting a Labor Certification; submitting the employer petition and supporting evidence; and consular processing or adjustment of status.