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EB-2 Based on PERM (Advanced Degree/Exceptional Ability)

For classification as an Advanced Degree Professional, the position must require a member of the professions holding an advanced degree as reflected in the job offer portion of the Labor Certification Application, and the individual must possess an advanced degree as shown by a master’s degree or its equivalent. The immigration regulations find a Bachelor’s degree plus five years of progressively responsible experience to be the equivalent of a Master’s degree.

Employers typically petition for EB-2 visas on behalf of a worker who already has a job or job offer in place.The U.S. is always welcoming of international people of great talent, and Smith, Gambrell & Russell’s Global Immigration & Mobility Practice Group is here to help these people and their employers navigate this process smoothly and successfully.

The employer will file a Form I-140 Immigrant Petition with the immigration’s Service Center. Labor certification from the U.S. Department of Labor is also required for most EB-2 petitions. However, certain individuals may request a waiver of the labor certification requirement if such a waiver would be in the national interest based on the type and significance of work the individual does.

 

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