A qualified alien who is a member of the professions and who holds an advanced degree qualifies for an EB-2 immigrant visa.


A qualified alien who is a member of the professions and who holds an advanced degree qualifies for an EB-2 immigrant visa.

Any United States employer may file a petition on Form I-140 for classification of an alien if an alien is a member of the profession holding an advanced degree. 

Source: See 203(b)(2) of INA. See also 8 C. F. R. § 204.5 (k) (1)

An advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of a baccalaureate.

Source: See 8 C. F. R § 204.5(k) (2)
 Any professional degree which is above the baccalaureate degree is an advanced degree, for example, J. D. or M. D. degrees are an advanced degree because they are above the baccalaureate degree. Master degrees are also advanced degrees.

A qualified alien who is a member of the professions and who holds an advanced degree qualifies for an EB-2 immigrant visa. 

Source: INA § 203(b)(2)(A), 8 U.S.C. § 1153(b)(2)(A)

The employer must be offer prevailing wages and must pay after alien receives permanent resident.

The employer must follow other requirements before filing an application, among others, such as obtaining prevailing wages, completing recruitment procedure and filing foreign labor certification. After received foreign labor certificate the employer must file immigration petition within the valid period of labor certification.

Please take notice that this is not a legal advice. If you need legal advice, please contact Bhurtel Law Firm.
Published: 03/19/2017 | Updated: 08/30/2017 | Source: NYC Immigration Lawyer in Queens, USCIS, United States Department of Labor