The Advanced Degree and the Green Card  
  
Education and Experience Can Pay Off in the EB-2 Category        

Greetings!

 

Perhaps you have heard people say, "a green card should be stapled to a university degree."  While they are speaking metaphorically, advocates of immigration reform do believe that in order to attract the best and the brightest, the United States government should grant green cards to those who are well educated.

 

The Senate's comprehensive immigration reform bill places emphasis on business immigration by adding a point system rewarding, among others, those with advanced degrees and experience in their field of expertise.    

 

But while the House of Representatives stalls on passing an immigration reform bill of its own, we are left with the current laws.

 

And what ARE the current laws relating to possession of an advanced degree?  

 

An advanced degree is defined as a U.S. academic or professional degree or foreign equivalent degree above the baccalaureate level.  A J.D., Ph.D., MBA, or any other Masters degree would likely qualify.  An advanced degree also includes a bachelor's plus 5 years of post-graduate progressively responsible experience.       

 

So how does an advanced degree help somebody's immigration status?  

Individuals with an advanced degree or bachelor's plus 5 may be the beneficiaries of a labor certification, or PERM, in what is known as the employment-based second preference category (EB-2).  To get a green card based on a PERM in the EB-2 category, there is a three-step process:  

 

1. A sponsoring employer files the PERM application with the Department of Labor (DOL). This requires a showing that there are no willing, able, and qualified U.S. workers to fill the position offered by the employer.  Prior to filing the PERM and obtaining certification, the employer must obtain a prevailing wage for the position from the DOL, advertise the job opening and conduct recruitment.  

 

2. File an I-140 petition. Upon approval of the PERM by DOL, the sponsoring employer submits an I-140 petition to U.S. Citizenship and Immigration Services ("USCIS").  With this petition, the employer must demonstrate it has the ability to pay the prevailing wage to the beneficiary and that the beneficiary possesses the advanced degree or equivalent, and any other requirements identified on the PERM application.  

 

3. File for the green card. The last step is the individual (and his or her immediate relatives) applies for a green card.  He or she may also submit applications for work and travel authorization.  If a green card is immediately available, the individual may file the green card application together with the I-140 petition (step 2).  The visa bulletin currently shows green cards are available in the EB-2 category for all countries except China and India.       

   

 

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Contact Jacob L. Ratzan, P.A. with questions regarding EB-2 advanced degree green card applications, and for any other immigration matters.

 

 

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Jacob L. Ratzan, P.A.
1450 Brickell Ave, Suite 2600  
Miami, FL 33131 
Tel: (786) 406-1744 
Fax: (786) 406-1745