SECOND PREFERENCE (EB-2)

Requires at least a master’s equivalent or a four year bachelor degree followed by at least five-years of experience

NATIONAL INTEREST WAIVER – A second preference (EB-2) petition is for someone who is engaged in work or research that has a national scope (example: cancer research). The person can apply for a national interest waiver to bypass labor certification in obtaining a green card. The focus in the I-140 will be to show the importance and scope of the work. Letters from experts in the field are required.

LABOR CERTIFICATION (PERM) – This is the first step in a three-step process for obtaining most employment-based green cards. The current process is called PERM, and requires the employer to advertise the position and go through recruitment. Cases are filed online, if the employer is able to register with the U.S. Dept. of Labor. PERM cases normally take three months to prepare for filing. Once the labor certification is approved, the company files an I-140 (immigrant visa petition) on behalf of the worker. The final step is the I-485, which only can be filed once the worker’s priority date is current. A person’s priority date is set by the date that his or her labor certification was filed. At the I-485 stage, the worker can ask for both EAD (work authorization) as well as Advance Parole (travel document).