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Green Card: EB-2 - Frequently Asked Questions


What evidence must I provide as EB-2 professional holding an ‘advanced degree’?

Your EB-2 petition for a professional holding an ‘advanced degree’ must be accompanied by an official academic record showing that you have either a:

  • U.S. advanced degree or a foreign equivalent degree; or
  • U.S. baccalaureate degree or a foreign equivalent degree, and evidence in the form of letters from current or former employer(s) showing that you have at least five years of progressive post baccalaureate experience in the specialty

Do I need to have a job offer to apply for EB-2 Employment based immigrant visa?

EB-2 foreign nationals generally must have a job offer. Your potential employer must complete the Labor Certification process on your behalf. However, if you can demonstrate that your entry is in the National Interest, the job offer and Labor Certification requirements may be waived.

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Can I bring my dependants into the U.S. on EB-2 immigrant visa?

Yes, upon approval of your Form I-140, Immigrant Petition for Alien Worker, your spouse and children under 21 years of age may apply for immigrant visas through Adjustment of Status in the U.S. or through consular processing at a U.S. consulate outside the U.S.


How can I check the status of my Form I-140, Immigrant Petition for Alien Worker petition?

You may check visa status by using VisaPro's free visa status service.


How can I appeal a denial of my Form I-140, Immigrant Petition for Alien Worker petition?

If your Form I-140, Petition for Alien Worker is denied, you may file Form I-290B, Notice of Appeal along with the required fee at the appropriate USCIS Regional Service Center within 33 days of receiving the denial.

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