US Approves Green Cards for 2 Types of Skilled Foreign Workers
- The US Citizenship and Immigration Services has outlined the professional qualifications and degree requirements that open a path to a green card under the EB-2 category
- Nurses and physical therapists benefit from a Schedule A designation that removes the standard labour certification hurdle entirely
- A National Interest Waiver route within the EB-2 category allows qualified individuals, particularly those with STEM PhDs, to apply without a US employer sponsor
- A US-based immigration lawyer has enlightened foreigners on what to know about acquiring a Green Card
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The US Citizenship and Immigration Services (USCIS) has published a detailed breakdown of who qualifies for a green card under the Employment-Based Second Preference category, widely referred to as the EB-2 visa, covering everything from degree requirements to a self-petition pathway that bypasses the need for employer sponsorship.
Eligibility under the EB-2 category falls into two broad groups: professionals holding advanced degrees and individuals demonstrating exceptional ability in their field.
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Who qualifies as an advanced degree professional
USCIS defines an advanced degree as any academic or professional qualification above a bachelor's level, including a master's or doctorate. Importantly, a bachelor's degree paired with at least five years of progressive experience in the same field is treated as equivalent to a master's degree for EB-2 purposes.
The role being applied for must itself be a professional occupation, meaning one that ordinarily requires at least a bachelor's degree for entry. USCIS illustrates this with a pointed example: an engineer holding a master's degree applying to work in engineering would qualify, while the same individual seeking to open a bakery would not, since the role does not require a degree.
For those who do not hold an advanced degree, the exceptional ability route provides an alternative. USCIS defines exceptional ability as a level of expertise that is significantly above what is ordinarily found in the sciences, arts, or business. Applicants must satisfy at least three of six criteria, which include holding a relevant academic credential, having ten or more years of full-time work experience documented by employer letters, holding a professional licence or certification, earning a salary that reflects exceptional ability, membership in a professional association, or receiving peer recognition for contributions to their field.
Schedule A occupations and the national interest waiver
Certain professions are exempt from the standard labour certification process altogether under what the Department of Labour designates as Schedule A occupations.
The first group covers professional nurses and physical therapists. The second covers individuals with exceptional ability in the sciences, arts, or performing arts, including university teachers.
A third pathway within the EB-2 category is the National Interest Waiver, which is especially relevant for professionals in STEM fields. This route allows eligible individuals to self-petition without securing a US employer as a sponsor and without going through labour certification.
To qualify, applicants must show that their work carries substantial merit and national importance to the United States, that they are well placed to advance their proposed endeavour, and that waiving the standard job offer requirement would be of benefit to the country.
USCIS places particular weight on applicants who hold a PhD in a STEM field linked to critical or emerging technologies.
Where an EB-2 petition filed through Form I-140 is approved, the visa holder's spouse and unmarried children under the age of 21 may also be eligible to enter the United States as dependants.
US warns visitors against overstaying visas
US-based immigration lawyer Benedicta Agyemang, speaking to YEN.com.gh, said that the US Department of Homeland Security had explained that foreign visitors must maintain lawful status, emphasising that marrying a US citizen does not automatically guarantee a Green Card.
“The intention of a non-immigrant visa is for people to visit the US temporarily and return to their home countries. The ability to adjust status after marrying in the US is discretionary and not automatic.”
US announces green card pathway for eligible families
Earlier, YEN.com.gh reported that the US had explained how an approved employment-based green card application could extend permanent residency eligibility to an applicant's immediate family.
The US Citizenship and Immigration Services published details of the Employment-Based Second Preference (EB-2) category.
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Source: YEN.com.gh
