US EB-2 Green Card Route Extends Permanent Residency to Spouse and Children Under 21

• The US Citizenship and Immigration Services published details of the EB-2 visa, a green card pathway covering professionals with advanced degrees or exceptional ability
• Once an applicant's Form I-140 petition is approved, their spouse and unmarried children under 21 become eligible to join them in the United States
• A National Interest Waiver option allows qualified individuals to self-petition without employer sponsorship, with STEM doctorate holders given particular favour

The United States government has outlined how an approved employment-based green card application can extend permanent residency eligibility to an applicant's immediate family, a development drawing significant interest among skilled professionals on the japa route to America.

The US Citizenship and Immigration Services (USCIS) has published details of the Employment-Based Second Preference category, widely known as the EB-2 visa, which is open to professionals holding advanced degrees or those who can demonstrate exceptional ability in the sciences, arts or business.

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The category operates through two primary sub-categories. The first targets advanced degree professionals, covering those with a postgraduate qualification or, alternatively, a bachelor's degree combined with at least five years of progressive experience in a relevant field, which USCIS treats as equivalent to a master's degree.

The second sub-category covers individuals with exceptional ability, defined as expertise significantly above what is ordinarily found in a given profession. To qualify, an applicant must satisfy at least three of six criteria set by USCIS. These include holding a relevant academic qualification, having at least ten years of documented full-time experience in the field, possessing a professional licence, 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 that 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.

The National Interest Waiver Option

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 labour certification from the US Department of Labor can be waived.

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USCIS assesses three factors when considering a National Interest Waiver application: whether the proposed work carries substantial merit and national importance, whether the applicant is well-positioned to advance it, and whether waiving the job offer requirement would ultimately benefit the United States.

Applicants with advanced STEM degrees, particularly those holding a doctorate and pursuing work in critical or emerging technology areas, are viewed especially favourably under this framework, according to USCIS.

Certain occupations listed under Schedule A also bypass the standard labour 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.

Source: YEN.com.gh