Green Card Options for Individuals with Advanced Degrees

1. What options are available for individuals with advanced degrees who want to obtain a US Green Card?


Individuals with advanced degrees who want to obtain a US Green Card have several options available to them. These include:

1. Employment-Based Green Cards: Individuals who have advanced degrees and employers with specific need for their skill set can apply for the employment-based Green Card. This requires that the employer file a petition with U.S. Citizenship and Immigration Services (USCIS).

2. Family-Based Green Cards: Individuals with advanced degrees may also be eligible for a family-based Green Card if a close relative is already a lawful permanent resident or is a U.S. citizen.

3. Diversity Visa Program: The Diversity Visa Program (DV) allows individuals from certain countries to apply for permanent residency through an annual lottery system. If selected, individuals must meet certain criteria, including having an advanced degree, in order to be eligible for the program.

4. Investor Visas: Certain investors may qualify for an E-2 or EB-5 investor visa, which allows them to live and work in the United States for a period of time while they are making investments in the country. Individuals must have substantial investments to qualify for these visas.

2. What are the qualifications for an individual with an advanced degree to obtain a Green Card?


In order to obtain a Green Card, an individual with an advanced degree must first be sponsored by either a U.S. employer or a family member who is a U.S. citizen or Green Card holder. They must then obtain an employment-based immigrant visa, which requires filing Form I-140, Immigrant Petition for Alien Worker, and then applying for adjustment of status (Form I-485). The individual must also meet other requirements, such as holding a job in a qualifying occupation and demonstrating that they are admissible to the United States.

3. Is there an expedited process for individuals with advanced degrees to obtain a Green Card?


Yes. Individuals who have an advanced degree from a U.S. institution of higher education may be eligible for the EB-2 visa. This visa requires a job offer and labor certification from the U.S. Department of Labor, but the process is generally faster than other employment-based visa categories. In addition, certain foreign nationals may be eligible for the National Interest Waiver (NIW) which allows them to self-petition for permanent residence without requiring a job offer or labor certification.

4. Is it possible for individuals with advanced degrees to obtain a Green Card if they are not sponsored by a U.S. employer?


Yes, it is possible for individuals with advanced degrees to obtain a Green Card without being sponsored by a U.S. employer. Individuals with advanced degrees may be eligible for an employment-based visa, such as the EB-2 visa, which does not require sponsorship by a U.S. employer.

5. Can individuals with advanced degrees become permanent residents on their own?


Yes, individuals with advanced degrees may be eligible to become permanent residents on their own. Depending on the individual’s circumstances, they could apply through a number of pathways, such as the EB-1 Extraordinary Ability or Outstanding Researcher/Professor categories, or through the employment-based second preference (EB-2) category with a National Interest Waiver. Additionally, they may be eligible for an employment-based immigrant visa if they have a U.S. employer willing to sponsor them.

6. Are any special categories available for individuals with advanced degrees that would help them obtain Green Cards?


Yes, individuals with advanced degrees may qualify for the EB-2 and EB-3 visa categories, which can help them obtain Green Cards. The EB-2 visa category is for individuals with advanced degrees or exceptional ability in the sciences, arts, or business. The EB-3 visa category is for professionals with at least a bachelor’s degree or those who have two years of work experience.

7. If an individual with an advanced degree is in the United States on a student visa, can they switch to a Green Card?


Yes, it is possible for a student visa holder with an advanced degree to switch to a Green Card. They may be eligible to apply for an employment-based immigrant visa, which would allow them to stay and work in the United States indefinitely.

8. Are there any age restrictions for obtaining a Green Card for individuals with advanced degrees?


Yes, there are age restrictions for obtaining a Green Card for individuals with advanced degrees. According to U.S. Citizenship and Immigration Services (USCIS), a foreign national must not be more than 35 years old at the time of filing the application in order to be eligible for a Green Card through the advanced degree category.

9. How long does it take to process Green Card applications for individuals with advanced degrees?


The processing time for Green Card applications for individuals with advanced degrees varies depending on the individual’s circumstances and the current visa availability. Generally, it can take anywhere from 6 months to several years.

10. Is there an advantage to obtaining a Green Card through the EB-2 preference category for individuals with advanced degrees?


Yes, the advantage of obtaining a Green Card through the EB-2 preference category is that individuals with advanced degrees can bypass the labor certification process and are not required to have a job offer from an employer. Additionally, individuals from certain countries that have a high rate of Green Card applications may benefit from the faster processing times associated with the EB-2 preference category.

11. What types of documentation are required to apply for a Green Card as an individual with an advanced degree?


In order to apply for a Green Card as an individual with an advanced degree, the following types of documentation may be required:

1. Evidence of an advanced degree (such as a diploma or transcript)
2. Certified English translations of any documents not in English
3. Proof of the ability to financially support oneself
4. A valid passport and other proof of identity
5. Recent photographs
6. Medical records and records of immunization
7. Evidence of any prior criminal record, if applicable
8. Documents showing employment history or volunteer work
9. Letters of recommendation from employers, professors, or other individuals who can attest to the applicant’s qualifications for a U.S. green card

12. Does having an advanced degree make it easier to get approved for a Green Card?


Having an advanced degree may increase the chances of getting approved for a Green Card, but it does not guarantee approval. Ultimately, the decision rests with USCIS.

13. What are the different types of legal immigration options available to individuals with advanced degrees seeking permanent residence in the United States?


1. Employment-Based Immigration: This type of immigration is for individuals who have a job offer from a US employer. Employment-based immigration requires the employer to file a petition for the foreign national.

2. Family-Based Immigration: This type of immigration is for individuals who are related to a US citizen or green card holder. A relative must file a petition for the foreign national.

3. Refugee/Asylum Status: This type of immigration is for individuals who are fleeing persecution in their home country and seek refuge in the United States. Applicants must demonstrate a “credible fear” of persecution to qualify for this type of immigration.

4. Other Types of Legal Immigration: There are several other types of legal immigration options available, such as the Diversity Visa Program, Special Immigrant Visas, and U Visas.

14. Are there any fees associated with applying for or obtaining a Green Card as an individual with an advanced degree?


Yes, there are fees associated with applying for and obtaining a Green Card as an individual with an advanced degree. The fees include the cost of the application fee ($595), biometrics fee ($85), and a possible attorney’s fee (depending on whether you choose to use an attorney to assist you).

15. Are there any other ways that individuals with advanced degrees can apply for and obtain a Green Card other than through employment sponsorship?


Yes. Individuals with advanced degrees can also apply for a Green Card through family sponsorship, humanitarian programs, certain special immigrant visas, or the Diversity Visa Lottery.

16. Are there any other countries that offer special immigration programs for individuals with advanced degrees?


Yes, there are a number of countries that offer special immigration programs for individuals with advanced degrees. Countries like Canada, Australia, New Zealand, the UK, Germany, France, Japan, and many more all have special immigration programs designed to attract highly-skilled workers and attract foreign talent.

17. What is the difference between a Green Card and Permanent Residency status for individuals with advanced degrees in the US?


The Green Card is the more general term used that represents Permanent Residency status. Permanent Residency status is granted to individuals with advanced degrees in the US, allowing them to live and work in the US permanently. A Green Card allows them to travel freely to and from the US, own property, and apply for citizenship after five years.

18. What type of work or professional activities must be done in order to qualify for and maintain status as a permanent resident with an advanced degree in the US?


In order to qualify for and maintain status as a permanent resident with an advanced degree in the US, one must be engaged in work related to their degree or field of study, such as teaching or research. The work must relate to the alien’s major area of study and must have been performed after the alien has obtained an advanced degree. Additionally, the work must be a type of employment that requires a minimum of two years of training or experience. The alien must also demonstrate that his or her employment is “in the national interest,” meaning that it provides a major benefit to the U.S. economy, culture, or educational system.

19. Are there any restrictions on the types of jobs that can be held by individuals with advanced degrees who have obtained permanent residency status in the US?


Yes, there are restrictions on the types of jobs that can be held by individuals with advanced degrees who have obtained permanent residency status in the US. Depending on the type of visa they have, they may be limited in their ability to accept certain types of employment. For example, those with an H1-B visa may only work for the employer that sponsored their visa. Additionally, those with a TN visa must work in an occupation listed in the North American Free Trade Agreement (NAFTA).

20. How can individuals with advanced degrees maintain their permanent resident status in the US once they have obtained it?


Individuals with advanced degrees can maintain their permanent resident status in the US by continuing to meet the conditions of their permanent residency, such as maintaining a residence in the US and filing an annual tax return. They must also not be convicted of any crimes or violate any immigration laws. U.S. Citizenship and Immigration Services (USCIS) also requires that permanent residents renew their green cards every ten years to maintain their status.