Law Office of Irwin M. Avelino

EB2, Employment Based Second Preference Advanced Degree

EB2-green-cardEB2 Green Card Eligibility

To qualify for EB2 employment classification, two requirements must be satisfied:

  1. the intending immigrant must be a member of the professions holding an advanced degree or foreign equivalent;
  2. and the underlying EB2 position must require, at a minimum, a professional holding an advanced degree or the equivalent.

EB2 Advanced Degree or Foreign Equivalent

Under 8 CFR 204.5(k)(2) an advanced degree is:

[A]ny United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master’s degree for EB2 classification. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.

An intending immigrant can satisfy the advanced degree requirement for EB2 classification by holding either of the following:

  • a U.S. master’s degree or higher, or a foreign degree evaluated to be the equivalent of a U.S. master’s degree or higher; or
  • a U.S. bachelor’s degree, or a foreign degree evaluated to be the equivalent of a U.S. bachelor’s degree, plus five years of progressive, post-degree work experience.

EB2 Position

Mere possession of an advanced degree is not sufficient for establishing an intending immigrant’s eligibility for EB-2 classification.  the petitioner must demonstrate that:

  • the EB2 position certified in the underlying labor certification (PERM) application or set forth on the Schedule A application requires a professional holding an advanced degree or the equivalent; and ,
  • the beneficiary not only had the advanced degree or its equivalent on the date that the labor certification (PERM) application was filed, but also met all of the requirements needed for entry into the proffered EB2 position.

The petitioner must demonstrate that the EB2 position, and the industry as a whole, normally requires that the EB2 position be filled by an individual holding an advanced degree. In this regard, the key factors are not whether a combination of more than one of the foreign degrees or credentials is comparable to a single U.S. bachelor’s degree or an advanced degree, but rather that a combination of foreign degrees or credentials:

  • Meets the minimum education requirements for the position in the individual labor certification approved by the Department of Labor; and,
  • The minimum requirements for the EB2 position in the labor certification meet the definition of an advanced degree at 8 CFR 204.5(k)(2) .

Click on this link to learn more about the Employment Based Green Card Process.

Call us for a FREE consultation on the EB2 visa category for those holding advanced degrees or its equivalent.

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