EB-2 (Labor Certification) green cards
EB2 process is intended for people with “exceptional” abilities who have a US employer willing to petion them and have obtained a certificate from the Department of Labor (PERM).
There are three types of candidates can apply for EB-2 visa:
- People who have a Master’s degree (or equivalent, for example, a Bachelor’s degree plus 5 years of experience), an interested employer and an approved individual labor certification from the Department of Labor;
- People who have an interested employer, certification from the Department of labor and who can prove “exceptional abilities” (exclusive experience) in their specific field, whether it is science or art, medicine, business or athletics. Evidence must meet at least three of the seven criteria:
- Academic records
- Professional licenses
- Recognition in a specific area
- Letters confirming the experience
- Membership in professional associations
- Exceptional salary.
- Those immigrants who have “exceptional abilities” and obtained a National Interest Waiver (NIW) because it is in the interest of the United States that the Labor Certification is waived (no employer is needed).
Candidates from categories 1 and 2 must have an approved labor certificate called PERM, as well as a job offer from an American employer. The labor certificate PERM proves that there are no qualified legal workers from the United States for this position.
However, the third option (NIW) does not require a labor certificate, the candidate can directly apply for an EB-2 visa, even without a job offer.
The legal spouse of an EB-2 visa holder may also be allowed to stay in the United States at the request of E-21. Minor children (unmarried, under 21) can apply for E-22.