U.S. Citizenship and EB-2 Advanced Degree Holders

1. What is the eligibility requirements for EB-2 Green Card holders?


To be eligible for an EB-2 green card, you must be a professional with an advanced degree, or an individual of exceptional ability in the sciences, arts, or business. Specifically, you must meet one of the following criteria:

1. Have a job offer from a US employer and a labor certification from the Department of Labor.

2. Have an advanced degree or equivalent (beyond a bachelor’s degree) or a baccalaureate degree and at least five years of progressive experience in your field.

3. Qualify as someone with exceptional ability in the sciences, arts, or business and be able to demonstrate exceptional ability to the USCIS.

4. Qualify as an “outstanding professor or researcher” according to USCIS regulations.

2. What is the primary difference between an EB-2 and an EB-1 Green Card?


The primary difference between an EB-2 and an EB-1 Green Card is the criteria required to be eligible for each type. An EB-1 Green Card is reserved for highly skilled and talented workers, such as outstanding researchers, multi-national executives, and individuals with extraordinary ability. An EB-2 Green Card is for those with advanced degrees or exceptional ability in a particular field.

3. How long is the process to obtain an EB-2 Green Card?


The process to obtain an EB-2 Green Card can take anywhere from 6 months to 1 year depending on the individual’s specific case.

4. What qualifications are necessary to be eligible for an EB-2 Green Card?


To be eligible for an EB-2 green card, an immigrant must possess an advanced degree or its equivalent or have a minimum of five years of progressive work experience in their field. Additionally, the position must require the advanced degree or its equivalent and the applicant must be able to demonstrate that their skills and knowledge are of exceptional value to the United States.

5. Is it possible to upgrade from an EB-2 to an EB-1 Green Card?


Yes, it is possible to upgrade from an EB-2 to an EB-1 Green Card. However, this process can be complex and time-consuming. Individuals seeking an upgrade must demonstrate that they meet the criteria for an EB-1 and file the appropriate paperwork. Additionally, individuals must have a valid employer sponsor willing to file an I-140 Petition for Alien Worker on their behalf.

6. Does having an advanced degree make a person eligible for an EB-2 Green Card?


Yes, having an advanced degree can make a person eligible for an EB-2 Green Card. The EB-2 Green Card is available to individuals with advanced degrees and those with exceptional ability in the sciences, arts, or business. To qualify, applicants must demonstrate that they possess a degree above the bachelor’s level, such as a master’s degree or higher, as well as experience in the field.

7. What documents are required for filing an EB-2 Green Card application?


The documents required for filing an EB-2 Green Card application include:

1. Birth certificate
2. Passport
3. Proof of legal entry into the United States
4. Marriage certificate (if applicable)
5. Resultados del examen médico
6. Form I-140, Immigrant Petition for Alien Worker
7. Form I-485, Application to Register Permanent Residence or Adjust Status
8. Employment Authorization Document (EAD) or Advance Parole (if applicable)
9. Evidence of the required educational degree or work experience
10. Copy of labor certification, if applicable
11. Copies of any relevant documents from your employer
12. Financial documents that provide evidence of your ability to support yourself in the United States
13. Evidence of the required English language proficiency
14. Two passport-style photographs

8. What is the waiting time for processing a Green Card application through the EB-2 category?


The waiting time for processing a Green Card application through the EB-2 category is typically between 6 months and 1 year.

9. How many countries are currently part of the Visa Waiver Program (VWP)?


As of July 2020, there are currently 39 countries part of the Visa Waiver Program.

10. How does one become a U.S. citizen?


To become a U.S. citizen, you must go through the process of naturalization. This involves completing an application, attending an interview, passing a civics test, and showing good moral character. After all of these steps are completed, the applicant must take an Oath of Allegiance to the United States.

11. What is the naturalization process for obtaining U.S. citizenship?


The naturalization process for obtaining U.S. citizenship is as follows:

1. Complete an Application for Naturalization (Form N-400).
2. Submit your completed application, photos, and any additional forms.
3. Attend biometrics appointment (for fingerprinting and a photograph).
4. Pass the English and civics tests.
5. Attend an interview with the US Citizenship and Immigration Services (USCIS).
6. Receive a notice of naturalization oath ceremony.
7. Attend the naturalization oath ceremony.

12. Are there any special application requirements for advanced degree holders seeking U.S citizenship?


Yes, advanced degree holders may be eligible to apply for a process called “EB-2.” This process requires that the applicant must have a job offer or be sponsored by an employer, and the job must qualify under one of the categories specified by U.S. Citizenship and Immigration Services (USCIS). The applicant must also meet the minimum qualifications for the position, and provide evidence of any applicable degrees or experience. Additionally, applicants must pass the U.S. Citizenship and Immigration Services’ (USCIS) Medical Exam and Background Check.

13. How long does it take to become a naturalized citizen of the United States?


The process of becoming a naturalized citizen of the United States typically takes between 6 and 12 months. However, the actual timeline may vary depending on the particular circumstances of the individual case.

14. What rights and privileges come with U.S citizenship?


U.S citizens have many rights and privileges, including the right to vote, the right to apply for a U.S passport, the right to be employed in the United States, the right to receive certain welfare benefits, the right to own property, and the right to live and work permanently in the United States. Citizens also have the privilege of serving on a jury and being able to hold federal office.

15. Are there any special taxes or fees associated with obtaining U.S citizenship?


Yes, there are special taxes and fees associated with obtaining U.S. citizenship. The fees vary depending on the individual’s application process and the type of immigration status they have. Generally, the fee to apply for naturalization is $640 for the Form N-400 application fee, plus a $85 biometric services fee for most applicants, for a total of $725.

16. Are there any special benefits afforded to U.S citizens who hold advanced degrees?


Yes, U.S citizens who hold advanced degrees may be eligible for certain federal and state tax incentives, scholarships, grants, and other benefits. They may also be eligible for certain professional certifications, internships, and job opportunities that are only open to advanced degree holders. Additionally, many employers offer specific benefits to employees who hold advanced degrees, such as tuition reimbursement or paid research projects.

17. Are there any restrictions on U.S citizens with advanced degrees that other citizens may not have?


Yes, U.S citizens with advanced degrees may be eligible for an E-3 visa. This visa allows qualified individuals or professionals with specific advanced degrees or equivalent work experience to work in the United States for up to two years at a time. Other citizens may not be eligible for this visa.

18. Can a person be denied U.S citizenship based on their educational background or qualifications?


Yes, a person can be denied U.S citizenship based on their educational background or qualifications. The U.S Citizenship and Immigration Services (USCIS) considers a person’s educational background when determining eligibility for naturalization. A person may be required to demonstrate English language proficiency, knowledge of American history and government, and adherence to core civic values in order to qualify for U.S citizenship. Additionally, an applicant must have earned a high school diploma or equivalent in order to be eligible for citizenship.

19. What if a person has already obtained a Green Card but wants to apply for U.S citizenship later on?


A person who has already obtained a Green Card may apply for U.S citizenship through the naturalization process. The requirements for naturalization include being at least 18-years-old, having held a Green Card for at least five years (or three years if married to a U.S. citizen), demonstrating good moral character, passing an English and a civics test, and taking an oath of allegiance to the United States.

20. Is there any special consideration given to veterans or military personnel when applying for U.S citizenship?


Yes. Eligible veterans and military personnel may qualify for naturalization under special provisions, including those who served in the Armed Forces during certain periods of hostility and/or in designated locations, or those who served honorably in the U.S. military for an aggregate of five years, among other requirements.