Foreign people with advanced degrees have a route to permanent residency in the United States through the EB-2 Employment-Based Second Preference visa category. Knowing how your academic background satisfies the standards could expedite your immigration process considerably.
This article discusses the necessary paperwork, breaks down eligibility based on advanced degrees, and looks at how professionals with Master’s and PhD degrees could benefit from this immigration track, including self-petition possibilities like the National Interest Waiver (NIW).
Through the Employment-Based Second Preference visa category, foreign nationals with advanced degrees can obtain permanent residency in the United States. You could significantly speed up your immigration process if you know how your educational history meets the requirements.
What Does the EB-2 Consider an Advanced Degree?
Any U.S. academic or professional degree—or its equivalent in another country—beyond a baccalaureate degree is considered an advanced degree, according to the U.S. Citizenship and Immigration Services (USCIS). This usually consists of:
Master’s degrees
Doctoral degrees (PhD, EdD, etc.)
Professional degrees (MD, JD, etc.)
An similar combination of education and experience is also recognized by USCIS if you do not have a formal advanced degree: a U.S. bachelor’s degree (or its foreign equivalent) plus at least five years of progressive post-degree professional experience in your field.
Meeting the Basic The EB-2 Eligibility Requirements
To qualify for the EB-2 classification as a professional with an advanced degree, you must satisfy three primary requirements:
- You have to be a professional with a graduate degree or its equivalent in another country.
- For the position you are applying for, a professional with an advanced degree or its equivalent must be needed.
- The advanced degree or its equivalent must have been in your possession on the day you submitted your application for permanent labor certification.
It’s important to note that merely possessing an advanced degree isn’t sufficient. The position itself must require that level of education to perform the job dutie
Candidates and Students for PhDs
If you haven’t finished your PhD yet, you can still be eligible for the EB-2 classification. Candidates and PhD students can prove their eligibility if they either:
- Currently hold a Master’s degree, which is considered an advanced degree.
- Possess five years of increasing professional experience in addition to a bachelor’s degree.
Many successful EB-2 petitions have been filed for PhD students and candidates who demonstrate significant achievements and contributions to their field despite not having completed their doctoral program.
The National Interest Waiver Option
For advanced degree holders, the National Interest Waiver (NIW) presents an attractive option that waives both the job offer and labor certification requirements. To qualify for this waiver, you must:
- Possess either an advanced degree or exceptional ability
- Be pursuing work that has substantial merit and national importance
- Be well-positioned to advance the proposed endeavor
- Demonstrate that waiving the job offer requirement would benefit the United States
STEM Advantage for Advanced Degree Holders
USCIS recognizes the critical importance of progress in STEM (science, technology, engineering, and mathematics) fields and the essential role of advanced STEM degree holders. Possessing an advanced STEM degree, particularly a PhD, can be a significant advantage when applying for an EB-2 NIW.
The combination of:
- An advanced STEM degree (especially a PhD)
- Work that furthers critical and emerging technologies or other STEM areas important to U.S. competitiveness
- Being well-positioned to advance the proposed STEM endeavor
Is considered a strong positive factor in evaluating EB-2 NIW petitions, especially when the endeavor has the potential to support U.S. national security or enhance economic competitiveness.
Building a Strong Case
If you’re considering the pathway with your advanced degree, focus on:
- Clearly documenting your educational credentials and ensuring proper evaluation of foreign degrees
- Demonstrating how your specific advanced degree is required for your position
- For NIW petitions, building evidence of your achievements, recognition, and the national importance of your work
- Securing strong recommendation letters from experts in your field
- Highlighting publications, citations, and other evidence of your impact
Finally with a well-documented petition that establishes how your advanced degree qualifies you under the specific requirements of the EB-2 category, you can navigate this immigration pathway successfully and advance your career in the United States.
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External Links
EB-2 Visa for Advanced Degree Professionals: Who Qualifies?
EB-2 NIW Green Card For PhD Student?
Internal Links
What Is a National Interest Waiver and How Does It Benefit PhD Holders?