If you want to bring in nationals of other countries to work for your business in the United States, you can do so under the EB2 Green Card category. The US has a policy that allocates a fixed number of green cards for foreign nationals who are required by US companies as essential workers.
If you want to apply for the EB2 green card, you should keep in mind that your candidacy for this green card is based on your professional experience, skills, education, and background. The EB2 green card is provided to foreign nationals who meet the requirements of the second preferred category. There are 3 categories under the EB2 green card: Advanced Degree, Exceptional Ability, and National Interest Waiver.
If you have an advanced degree like a Master’s or Doctorate and a minimum of five years work experience in your specific field, you would fall into the Advanced Degree category. The US Department of Labor’s Foreign Labor Certification Process must approve your application in order for you to get the EB2 green card.
If you are a foreigner with extraordinary abilities and hold a specialized degree in arts, science, or business, you would fall into the Exceptional Ability category and the U.S. Department of Labor’s Foreign Labor Certification Process must approve you to get the EB2 green card.
When it comes to the National Interest Waiver, it covers foreigners seeking to relinquish the Foreign Labor Certification Process because doing so is in the national interest of the US. If you fall into this category, you would not require a job offer or self-petition for the EB2 green card.
Applicants falling into the Exceptional Ability or National Interest Waiver categories would be required to prove their exceptional ability, work experience, professional certifications and licenses, and previous salary to be eligible for the EB2 green card. Also, you should be a member of a professional body and provide evidence that you have been acclaimed for your exceptional abilities nationally and/or internationally.
The EB2 Green Card process
There is a 3-step process to get the EB green card. The process kicks off with the employer who wants to hire a foreign worker filing a Permanent Labor Certification with the US Department of Labor. The employer can do so by using the Program Electronic Management Review System.
The employer is required to endorse that an employment opportunity or vacancy is available in a specialized field. The employer must certify that the employment opportunity is also open to US workers and that a foreigner is required, besides making a commitment that the salary is at par with the existing industry standards.
The employer will be required to complete each step in the recruitment process, so it is established that no American worker is available to work on that post. The employer must go through the whole process without any deviousness because that may raise doubts, which will, in turn, necessitate an audit from the Department of Labor.
After the employer satisfies all the requirements, the Department of Labor will provide a PERM form that is a pre-requisite for the next step in the process. If you are applying under the National Interest Waiver category, you may omit the first step.
In the second step, the employers must fill and submit the petition for the EB2 green card on form I-140. The applicant will have to wait for the EB2 priority date in order to go to the next step.
It will take some time for the applicant to be allowed to go the final step, which involves two different dealings. First, if the applicant is not in the US, he or she will be interviewed at a US Consulate office in his or her home country. The consular officer will decide whether you qualify for the EB2 green card.
Secondly, if the applicant is in the US on a different visa, he/she will be required to file for a change of status to EB2 by submitting form I-485. The applicant will be told to visit a USCIS Application Support Center for security processing.