EB-2 is a category of employment based permanent residence (PERM).
It is usually desirable by the beneficiary worker as it offers a faster path to permanent residence than the EB-3 category.
In order for a perm and i-140 petition to be classified as EB-2, the employer’s minimum requirementsfor the position must be:
A US Master degree, or foreign equivalent, in a specific field
A US Bachelor Degree, or foreign equivalent, in a specific field, AND 5 years of experience.
The degree requirement:
“Or foreign equivalent” means that if the applicant has a foreign degree, it must be equivalent to the US Degree. This equivalency is performed by an academic evaluation agency.
(The only academic evaluation agency that we use is trustfortecorp.com. The company is owned and run by an immigration attorney and we have never had their evaluations questioned by USCIS.)
The work experience requirement:
If the position requires work experience, that experience must normally be gained prior to the applicant or beneficiary joining the organization.
It is important to emphasize that EB-2 status is based on the employer’s minimum requirements for the position.
Some people mistakenly think that if they possess a master’s degree then their perm petition is automatically EB-2.
EB-2 status is based on the employer’s minimum requirements for the position.