EB2 Green Card – Advance Degree (Part 2)
EB2 Green Cards – Part 2 of 2
Welcome to the Law Offices of Chris M. Ingram. We’re delighted to have you join us for the second part in our video series on the EB2 Green Card video series.
In part one we outlined that there were four elements that need to be satisfied in order secure an EB2 green card: –
Firstly, you must have an advanced degree.
Secondly, you must secure employment for a job that requires that particular advanced degree.
Thirdly, the employer must be unable to fill the vacancy by hiring an American.
Fourthly, there must be green cards available from the annual quota of EB2 green cards.
Having covered the first two elements already in the previous presentation we’ll be focusing on elements three and four.
EB2 Green Card – Unable to Hire an American
There are many positions that are particularly hard to fill, such as ‘STEM’ positions: –
There may be many other fields, but STEM positions are generally regarded as being the hardest to fill up. US employers are so desperate to fill these positions that despite advertising extensively within the US, they are forced to either outsource the work to foreign companies or become exhibitors at job fairs around the world, in particular Asia to try and recruit the talent they need.
When a company finds themselves unable to secure a US citizen employee, and want to offer a permanent job to an alien, they have to go through a process called Labor Certification also known as PERM. In a nutshell, Labor Certification / PERM is a documentation exercise where the US employer has to follow a specific protocol set by the Department of Labor (DOL) to show that they have made extensive efforts to hire a US citizen and have failed.
If the DOL is satisfied then they issue the US employer a Labor Certificate granting them permission to hire an alien. This Labor Certification is included in your green card application papers to US Immigration.
EB2 Green Card – Annual Quotas
So as not to distort the US home grown job market, Congress set an annual numerical limit on the number of aliens that could be granted a green card this way. Without a numerical limit US companies, (knowing that countries like China and India churn out high volumes of academically bright STEM candidates), could overlook US talent. Accordingly, Congress has set a 40,000 per year limit and has divided this between regions of the world as per this diagram.
US Immigration Law Offices of Chris M. Ingram
Chris M. Ingram LL.M., ESQ – Immigration Attorney
Admitted in New York.
Practice Specializing in US Immigration Law
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Specializing in the E2 Visa, EB1 Green Card, L-1A Visa and O1 Visa and K1 Visa Marriage-Based Immigration. Attorney Chris M. Ingram is dedicated to providing the very best in US Immigration legal representation. Enjoy our website.
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