EB2 Advanced Degree

EB2 Visa – Advanced Degree

Carl Rothrock Ft Myers EB2 advanced degree attorney

Carl Rothrock, Ft. Myers immigration attorney

A foreign citizen may apply for an Employment-Based Immigrant Visa, Second Preference Category, or EB2 visa.  If USCIS approves the application, the foreign citizen and his or her spouse and children may receive permanent resident cards and can apply for citizenship after five years.  There are three categories of an EB2 visa in which the foreign citizen may apply:  1) Advanced Degree, 2) Exceptional Ability, and 3) National Interest Waiver

Advanced Degree

  • An employer must sponsor an employee for an EB2 visa requiring an advanced degree.
  • The U.S, government limits the number of approved visas in this category to around 40,000 visas per year.  Further, the government limits the number of immigrants by country.  Citizens of China, India, the Philippines, and Mexico typically experience long waiting periods when they apply for this visa.  Other countries do not.  Click this link to see current waiting times for immigrant visas.
  • The available job must require an advanced degree or relevant work experience. The applicant may have a master’s degree (or foreign equivalent) or a bachelor’s degree plus five years of work experience.
  • Prior to filing an I140 Employment Based Petition, an employer must usually file two preliminary applications.  First, the employer must file a Prevailing Wage Determination and must offer the foreign employee a minimum wage of the amount set in the Prevailing Wage Determination.  Second, the employer must obtain “Foreign Labor Certification,” a process by which the government certifies that there are not enough qualified Americans to perform the job.
  • Certain occupations do not require Labor Certification, but most do.
  • A spouse and child of the employee are also eligible for permanent resident cards if the employee is approved.

Choose a Qualified Immigration Attorney to Represent your Interests

Carl Rothrock, an immigration attorney in Fort Myers, Florida, has represented immigration clients from all over the world.  He has been licensed since 1989 and is admitted to practice before  the Board of Immigration Appeals and all Immigration Courts in the United States.  To schedule a free initial consultation, call the Rothrock Law Firm at 239-206-2363.