- The US EB-2 green card category targets professionals with advanced degrees and individuals who demonstrate exceptional ability in their fields
- Nurses and physical therapists are among the Schedule A occupations that can bypass the standard labour certification process
- Eligible applicants may use the National Interest Waiver (NIW) to self-petition for permanent residency without a US employer sponsoring them
The United States government offers foreign professionals a pathway to permanent residency through the Employment-Based Second Preference, commonly known as the EB-2 visa category.
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According to US Citizenship and Immigration Services (USCIS), the category has two main eligibility groups: professionals with advanced degrees and individuals who demonstrate exceptional ability in the sciences, arts or business.
The route may be relevant to foreign nationals, including Kenyans and Nigerians, who want to work and settle in the United States. However, meeting the educational or professional requirements does not automatically guarantee approval.
1. Advanced Degree Professionals
The first EB-2 category is for professionals who hold an advanced degree or an equivalent qualification and are applying for a job that requires such credentials.
USCIS defines an advanced degree as a US academic or professional degree, or a foreign equivalent, above a bachelor's degree. Examples include a master's degree and a doctorate.
Applicants may also qualify with a bachelor's degree followed by at least five years of progressive, post-baccalaureate experience in their speciality. USCIS treats this combination as equivalent to a master's degree for EB-2 eligibility.
The job itself must also meet the requirements. It must be a professional position that requires an advanced degree or its equivalent.
For example, an engineer with a master's degree seeking a position in engineering may qualify if the job meets the relevant requirements. The same person would not necessarily qualify through that position if they intended to open a bakery, because the occupation would not meet the advanced-degree job requirement.
Applicants must satisfy the relevant employment-based immigration requirements, including the job offer and labour certification rules, unless an applicable exemption applies.
2. Individuals With Exceptional Ability
The second main EB-2 category is for people who demonstrate exceptional ability in the sciences, arts or business.
USCIS defines exceptional ability as expertise significantly above the level ordinarily encountered in the relevant field. Applicants who do not have an advanced degree may qualify through this route if they can provide evidence that meets the required criteria.
Applicants generally need to satisfy at least three of six evidentiary criteria:
- An official academic record showing a degree, diploma or certificate related to the area of exceptional ability.
- Letters documenting at least 10 years of full-time experience in the occupation.
- A professional licence or certification, where applicable.
- Evidence of a salary or other remuneration demonstrating exceptional ability.
- Membership in a professional association.
- Recognition for achievements and significant contributions by peers, government bodies or professional or business organisations.
Meeting three criteria does not automatically guarantee approval. USCIS also assesses the evidence as a whole to determine whether the applicant meets the exceptional-ability standard and the other EB-2 requirements.
Schedule A Occupations: Nurses and Physical Therapists
Some employment-based applicants may benefit from Schedule A, a designation under which the US Department of Labour has determined that there are insufficient available US workers for certain occupations and that hiring foreign workers will not adversely affect the wages and working conditions of similarly employed US workers.
Schedule A Group I includes professional nurses and physical therapists. These occupations can bypass the usual labour certification process, although applicants must still meet the applicable immigration and professional requirements.
Schedule A Group II covers certain individuals with exceptional ability in the sciences or arts, including performing arts, who meet the relevant evidentiary requirements.
The designation does not mean that every nurse or physical therapist automatically qualifies for a green card. Applicants must still satisfy the requirements for the relevant employment-based petition and any necessary licensing or credential rules.
The National Interest Waiver: A Route Without Employer Sponsorship
Another option within the EB-2 category is the National Interest Waiver (NIW), which can allow eligible applicants to seek permanent residency without a US employer sponsoring their petition.
Under the NIW, applicants may request that USCIS waive the usual job-offer and labour-certification requirements because their proposed work would serve the national interest of the United States.
To qualify, applicants must demonstrate three things:
- Their proposed endeavour has substantial merit and national importance.
- They are well-positioned to advance the proposed endeavour.
- On balance, it would benefit the United States to waive the job-offer and labour-certification requirements.
The route may appeal to researchers, entrepreneurs and other professionals whose work could contribute to areas important to the United States. Applicants working in science, technology, engineering and mathematics (STEM) fields may be well placed in some cases, particularly when their work relates to critical or emerging technologies. However, holding a STEM qualification or a PhD alone does not guarantee approval.
Unlike the standard employer-sponsored EB-2 route, an NIW applicant can generally file their own Form I-140 petition without a US employer acting as the sponsor.
Can Family Members Join an EB-2 Green Card Applicant?
If the EB-2 process leads to immigrant visa issuance or adjustment of status, an eligible applicant's spouse and unmarried children under 21 may also qualify for derivative immigration benefits, subject to the applicable rules.
An approved Form I-140 petition alone does not automatically grant permanent residency. Applicants must also complete the remaining immigration steps, including meeting visa availability and admissibility requirements where applicable.
Foreign professionals considering the EB-2 route should review the official USCIS guidance carefully to determine which category applies to their qualifications, experience and proposed employment.
Source: Legit.ng