Pursuing an green card advanced degree can be a major investment in your career. Before you decide to pursue one, consider how much time it will take to recoup the cost and what kind of salary increase you expect.
EB-2 visas are employment-based second preference visas for professionals with advanced degrees or exceptional ability. This subcategory requires a sponsoring U.S. employer and a PERM labor certification, except for national interest waiver or Schedule A occupations.
Educational Requirements
The EB2 visa advanced degree subcategory of employment-based second preference visas is intended for foreign professionals who have earned a degree that is higher than a baccalaureate and five years of progressive work experience in the field. Applicants who self-sponsor for the green card category must also have a job offer from a U.S. employer or qualify for a national interest waiver (NIW).
For example, USCIS may use the Electronic Database for Global Education to determine the equivalency of a particular foreign degree with a U.S. degree. In one instance, EDGE determined that a three-year bachelor’s degree and two-year master’s degree from India together were only equivalent to a U.S. bachelor’s degree, so the EB2 advanced degree petition was not allowed.
Alternatively, the EB1 immigration category for foreign professionals with exceptional ability can be used to sponsor self-petitioners for permanent resident status. However, this requires evidence of outstanding achievements that demonstrate your expertise. In addition, you must meet several other requirements like recognition from peers or professional organizations in your field.
Job Requirements
Generally, the EB-2 visa category for professionals with advanced degrees or individuals of exceptional ability requires a job offer and labor certification. This is because the US government wants to ensure that foreign workers who seek this immigrant visa category are not displacing qualified U.S. workers.
However, in certain circumstances, a foreign worker who possesses an advanced degree may be able to get a green card without a labor certification. This is possible if they can prove that their work in the United States benefits the country’s economy, health or education systems, science, arts, business, or technology.
In order to qualify, the foreign worker must have a US bachelor’s degree or equivalent and five years of progressive post-baccalaureate experience in their field of expertise. This experience must have increased in complexity, responsibility and knowledge over the years. It is also important that they have an advanced degree in the field of work that is the equivalent of a US master’s degree.
Experience Requirements
Many clients are interested in applying for a green card through the advanced degree subcategory of the EB2 category. This category provides faster permanent residence processing than the EB3 professional or skilled worker subcategory. To qualify, a foreign national must meet two requirements: (1) possess an advanced degree and (2) have a job offer for a position that requires the advanced degree in the United States.
USCIS has defined an advanced degree as a United States academic or professional degree that is above the baccalaureate level or the foreign equivalent. It has also defined work experience as consisting of a bachelor’s degree plus five years of progressive post-baccalaureate work experience in the specialty.
While the definition of work experience is fairly broad, it does not include any prior employment or education that was obtained before graduating with the bachelor’s degree. Moreover, a bachelor’s degree alone cannot be substituted for a Master’s degree. The combination of a bachelor’s degree and five years of experience is deemed to be the equivalent to a Master’s.
Documentation Requirements
As with other green card categories, applicants must provide proof of their advanced degree and professional work experience in their field. This can be done through academic transcripts, letters of recommendation from other professionals, and official job offers. Progressive work experience must demonstrate that the applicant moved up and took on more responsible roles in their career as they gained knowledge, skills, and responsibilities in their field.
A petition filed under this category is usually accompanied by an approved labor certification from the Department of Labor. However, some foreign nationals who qualify for this category may be able to obtain their green cards without a labor certificate or a U.S. sponsoring employer if they can prove that their work is in the national interest.
If you have a high-level position in your field and can prove that your work benefits society, then you may be eligible for a National Interest Waiver (NIW) green card. This category does not require a labor certificate, but you will still need to meet the educational and professional requirements.