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?


There are several options available for individuals with advanced degrees who want to obtain a US Green Card. These include:

1. Employer-Sponsored Green Card: An employer can sponsor a foreign-born employee for a Green Card through the US Citizenship and Immigration Services (USCIS). The employer must demonstrate that the employee is qualified to fill a specific job opening and has the required skills or qualifications for the position.

2. Family-Based Green Card: A family member of a US citizen or permanent resident may be able to sponsor a foreign-born relative for a Green Card.

3. Investment-Based Green Card: An investor may be able to obtain a Green Card if they invest at least $500,000 in a new commercial enterprise in the US that creates at least 10 full-time jobs.

4. Self-Petitioned Green Card: A foreign national with an advanced degree may petition themselves for a Green Card if their field of expertise is considered to be of “exceptional ability” and their knowledge would be beneficial to the US.

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


An individual with an advanced degree can potentially qualify for a U.S. Green Card if they meet certain immigration requirements. To be eligible, an individual must have either a U.S. employer sponsor them or self-petition for an employment-based Green Card (EB-2 or EB-3). In order to self-petition, the individual must meet certain criteria, such as having an advanced degree (master’s degree or higher) or having exceptional ability in the arts, sciences, and/or business. Additionally, the individual must be able to show that they have the necessary education, training, experience, and/or other qualifications to be able to perform the work for which they are self-petitioning and that they will be able to make a significant contribution to the field in the U.S.

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


Yes, there is an expedited process for individuals with advanced degrees to obtain a Green Card. This process is known as the “EB-2 Green Card” or the “Employment-Based Second Preference Visa”. This type of visa is available to individuals who possess advanced degrees, such as a Master’s Degree or higher, or who demonstrate exceptional ability in the sciences, arts, or business. For those who qualify, the EB-2 Green Card can provide a quicker path to permanent residency than the general Green Card process.

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 if they are not sponsored by a U.S. employer. The Department of State offers a program known as the Diversity Visa Lottery which offers a limited number of green cards to people from countries with low rates of immigration to the United States. These individuals must meet certain requirements, including holding an advanced degree, in order to be eligible for the lottery. If selected, the individual can pursue permanent residency in the United States.

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


Yes, individuals with advanced degrees may be able to become permanent residents on their own if they meet certain criteria. For example, they may be eligible for an EB-2 visa (Employment-Based Permanent Residency) if they have an advanced degree or exceptional ability in their field. They may also be eligible for the EB-1 visa if they possess extraordinary ability in the sciences, arts, education, business, or athletics.

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


Yes, there are special categories for individuals with advanced degrees that may help them obtain green cards. Individuals with advanced degrees may qualify for a green card through employment-based immigration, which includes several categories, such as the EB-1 visa, the EB-2 visa, and the EB-3 visa. Additionally, certain applicants with extraordinary abilities in the arts, sciences, education, business, and athletics may qualify for an EB-1A visa.

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, individuals with an advanced degree may be eligible to switch to a Green Card. The individual must have an employer sponsor them for permanent residency or apply for a green card through the employment-based visa application process. Additionally, the individual must meet all of the requirements for the green card.

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. The applicant must be under the age of 35 at the time of filing their application.

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


Green Card applications for individuals with advanced degrees typically take up to 6 months to process.

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


Yes, there is an advantage to obtaining a Green Card through the EB-2 preference category for individuals with advanced degrees. This category allows foreign nationals with an advanced degree or its equivalent, or a foreign national who has a bachelor’s degree and at least 5 years progressive experience in their field, the opportunity to apply for permanent residence in the U.S. The priority date for this category is usually faster than other categories, making it a more viable option for those eligible. Additionally, the individual would be exempt from the labor certification process that is required of other green card applicants.

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, applicants must submit the following documentation:

1. Proof of Education – An official academic record showing the type of degree(s) received or a letter from the institution verifying completion of a degree program.

2. Evidence of Employment – Documentation that verifies employment history and qualifications, such as past job offer letters, resumes, and references.

3. Financial Documents – Evidence of sufficient funds to cover living expenses in the U.S., such as bank statements, pay stubs, and tax returns.

4. Medical Exam Results – Results from a medical examination performed by an authorized physician that must be submitted before the application is approved.

5. Passport Photos – Two passport-style photos, taken within the past 30 days, that will be used for identification purposes.

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


Having an advanced degree alone will not increase your chances of getting approved for a Green Card. The U.S. Citizenship and Immigration Services (USCIS) looks at many factors when deciding to approve or deny an application. Factors such as job skills, family ties, and financial resources will all be considered when making a decision on a Green Card application.

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


1. EB-2 visa (Employment-Based Immigration): This visa is available to individuals with advanced degrees and exceptional ability in the sciences, arts, or business. It requires a job offer from a U.S. employer and a labor certification from the Department of Labor.

2. EB-1 visa (Employment-Based Immigration): This visa is available to those with extraordinary ability in the sciences, arts, education, business, or athletics. It does not require a job offer from a U.S. employer or labor certification.

3. National Interest Waiver (NIW): This visa is available to those who can demonstrate that their work would be in the national interest of the United States. It does not require a job offer from a U.S. employer or labor certification.

4. F-1 Student Visa: This visa is available to foreign students who have been accepted into an academic program at a university in the United States and intend to pursue full-time studies at that school.

5. J-1 Exchange Visitor: This visa is available to individuals participating in educational and cultural exchange programs designated by the U.S. Department of State for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, or receiving training.

6. O-1 Visa: This visa is available to individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics and can demonstrate sustained national or international acclaim in their field of expertise.

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


Yes. Depending on the applicant’s individual situation, there may be several fees associated with applying for and obtaining a Green Card as an individual with an advanced degree. The fees may include a filing fee, biometric services fee, a fraud prevention and detection fee, and the cost of any medical exams or other required tests. Applicants should check the USCIS website for the most up-to-date fee schedule.

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, there are other ways that individuals with advanced degrees can apply for and obtain a Green Card. These include through family sponsorship, the Diversity Immigration Visa program, asylum or refugee status, the Special Immigrant Juvenile status, and the Cuban Adjustment Act.

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


Yes. Other countries that offer special immigration programs for individuals with advanced degrees include Austria, Canada, Denmark, Finland, France, Germany, Ireland, New Zealand, Portugal, Sweden, and the United Kingdom.

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


A Green Card is an identity document that allows an individual to live and work in the US permanently. Permanent Residency status, on the other hand, is a legal status granted to individuals with advanced degrees that allows them to stay and work in the US indefinitely without having to apply for a visa each time they want to enter the US. This status also allows individuals to apply for citizenship after a certain period of time.

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, individuals must be employed in a professional capacity in a field related to their degree, and must be working for a US-based employer. Furthermore, they must receive a salary comparable to those of similarly situated US citizens, and be able to provide evidence of their employment. Additionally, they must demonstrate that their job is permanent in nature and not tied to a specific project or time period. Finally, they must continue to meet the requirements of the Immigration and Nationality Act (INA) and all applicable laws.

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. Generally, permanent residents may not work for any employer or in any job that requires a security clearance or exchange of sensitive information with foreign nationals. In addition, the job must be related to the applicant’s field of study and must provide commensurate wages and benefits.

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 once they have obtained it by ensuring that they remain in the country for at least six months out of every year. Permanent residents must also renew their green cards every ten years, and abide by all US laws. Additionally, they must not abandon their residence in the United States, must not engage in activities that would require them to register as an agent of a foreign government, and must not be absent from the US for longer than six months without obtaining approval from the US Citizenship and Immigration Services (USCIS).