Do You Qualify For Employment Based Immigration? Here is What You Need to Know

CALL: 646-820-9202

immigration attorney visa

Employment-Based Immigration

EB-2 – Green Card

You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability.

Advanced Degree

The job you apply for must require an advanced degree and you must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field).

Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.

Exceptional Ability

You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”

You must meet at least three of the criteria below.

  • Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability

  • Letters documenting at least 10 years of full-time experience in your occupation

  • A license to practice your profession or certification for your profession or occupation

  • Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability

  • Membership in a professional association(s)

  • Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations

  • Other comparable evidence of eligibility is also acceptable.

In either of the first two cases, the PERM process is required. This is a Labor Certification process where the U.S. Department of Labor (DOL) requires a market test be performed in order to prove there exist no qualified legal U.S.-based workers for the position in question.

However, the following third option (National Interest Waiver) provides an exception to the PERM requirement.

National Interest Waiver ( Employment Not Necessary)

Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the nation. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.

You must meet at least three of the criteria below and demonstrate that it is in the national interest that you work permanently in the United States.

  • Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability

  • Letters documenting at least 10 years of full-time experience in your occupation

  • A license to practice your profession or certification for your profession or occupation

  • Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability

  • Membership in a professional association(s)

  • Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations

  • Other comparable evidence of eligibility is also acceptable.

Family of EB-2 Visa Holders

Your spouse and children under the age of 21 may be admitted to the United States in E-21 and E-22 immigrant status, respectively. During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD).

How to Be Eligible for Nursing Home Assistance if You Have Assets

Contrary to what you might think, a senior nursing home can be an active and healthy environment where senior citizens can thrive. If you’re a senior citizen or are caring for a senior citizen, you might have questions about senior eligibility for nursing home assistance. Unfortunately, rumors and fallacies often prevent seniors from...

Read more

Providing Your Elder with Legal Assistance Three Healthcare Documents Every Senior Should Have

Arranging senior legal assistance for your elder, in regards to healthcare, is important not only to them but you as well.  The law which protects each individual’s rights regarding healthcare privacy under the Health Information Portability and Accountability Act (HIPAA)...

Read more

Senior Legal Assistance The Different Types of Power of Attorney (POA)

When obtaining senior legal help, among the topics which should be discussed are Powers of Attorney and different ways in which these can be implemented that many are not aware of.  To put it simply, a power of attorney allows a designated individual to carry out your financial, health or other wishes should you become incapacitated. 

Read more

What Does an Estate Planning Lawyer Do?

Part of ensuring an elders peace of mind comes with organizing one’s estate and ensuring that all necessary legal documentation is in place.  Legal documents prepared and implemented by an Estate Planning Lawyer include wills, gifts, trusts in which arrangements are made for transfer of assets from the decedent’s estate to assigned heirs and beneficiaries, etc..

Read more

Elder Law Attorney - NYC

Elder law attorneys in NYC and across the country specialize in the legal needs of seniors and utilize a number of specific legal instruments and practices to meet the needs of elders.  While estate planning is a big part of their practice, Advise & Protect Senior Care Consultants elder law attorneys also work closely with clients to create such documents as powers of attorney, health care proxies, providing for appointed care giver(s) to make medical decisions should the client become incapacitated.  Other services include

Read more

Living Trust Attorney NY State

Most popular amongst the baby boom generation, Living Trusts also known as Revocable Living Trusts can provide pre and post death advantages.  As you will learn from an Advise & Protect Senior Care Consultants Living Trust Attorney in NY State this is one way in which probate can be avoided and for some it is a manner in which to lower taxes on home and other property to their heirs.  Another reason some prefer a living trust is ...

Read more