The United States government has outlined a new green card pathway that allows an approved employment-based application to extend permanent residency eligibility to an applicant's immediate family. This development has drawn significant interest among skilled professionals seeking to move to America. The US Citizenship and Immigration Services (USCIS) has published details of the Employment-Based Second Preference category, also known as the EB-2 visa.
The EB-2 visa is open to professionals holding advanced degrees or those who can demonstrate exceptional ability in the sciences, arts, or business. The category operates through two primary sub-categories: one for advanced degree professionals and another for individuals with exceptional ability. Advanced degree professionals must have a postgraduate qualification or a bachelor's degree combined with at least five years of progressive experience in a relevant field.
To qualify as an individual with exceptional ability, an applicant must satisfy at least three of six criteria set by USCIS. These criteria include holding a relevant academic qualification, having at least ten years of documented full-time experience in the field, possessing a professional license, receiving recognition from peers or government bodies, or earning a salary that reflects their exceptional standing.
In most cases, a US employer must file the Form I-140, Immigrant Petition for Alien Workers, on the applicant's behalf. Once the petition is approved, the holder's spouse and unmarried children below the age of 21 become eligible to apply for US admission under E-21 and E-22 immigrant status, respectively.
A notable exception to the employer-sponsorship requirement exists through the National Interest Waiver. Under this provision, eligible individuals can file their own petition without needing an employer, and the standard labor certification from the US Department of Labor can be waived. USCIS assesses three factors when considering a National Interest Waiver application: the proposed work's merit and national importance, the applicant's ability to advance it, and the benefit to the United States.
Applicants with advanced STEM degrees, particularly those holding a doctorate and pursuing work in critical or emerging technology areas, are viewed favorably under this framework. Certain occupations listed under Schedule A also bypass the standard labor certification process entirely. Group I under Schedule A covers professional nurses and physical therapists, while Group II includes individuals with exceptional ability in the sciences, arts, and the performing arts.
The US government's new green card pathway is expected to benefit skilled professionals and their families. Key details of the EB-2 visa and National Interest Waiver option are available on the USCIS website. The development is likely to draw increased interest among skilled professionals seeking to move to the United States.
Key points
- The US Citizenship and Immigration Services has published details of the EB-2 visa, a green card pathway covering professionals with advanced degrees or exceptional ability.
- The EB-2 visa allows an approved employment-based application to extend permanent residency eligibility to an applicant's immediate family.
- The National Interest Waiver option allows qualified individuals to self-petition without employer sponsorship.
