EB2 - Advice for someone entering post-bacculaureate studies (and wanting to immigrate to US after)?

dnareop451

New Member
Hello, I am a Canadian citizen with a goal to eventually work in the US for engineering and applied physics related job positions.

BACKGROUND:
I graduated with a bachelor's degree in Engineering Physics; a diverse/strong field which teaches physics AND engineering. I have worked in research and industry, with professors and companies in many different engineering and applied physics fields ranging from robotics, medical imaging, fuel cell research and image recognition. In terms of academics, I am knowledgable in Electrical Engineering and a variety of topics in Physics. Many jobs in the US are very applicable to the skills/knowledge I have attained, however due to US citizenship requirements I was unable to find many companies that were willing to either hire me through TN-visa or work-sponsored immigration. With the recession, the situation has become more dire, examples include: MS laying of hundreds of foreign workers as well as Boeing. With the US stimulus package in effect, employers will be much more focused on hiring citizens before immigrants/foreigners than ever before. Because I graduated in 2008, with only a year of work experience from internships, I did not think I would have the 'extraordinary ability' aspect that would fit the requirements of EB1. Additionally, I did not take part in publishing peer-reviewed science/engineering white papers during my research work terms (some of my collegues in Eng Phys already have during undergrad), which probably would have been benificial if i were to apply to EB1.


MY PLAN + MASTER STUDIES:
I have decided to continue advanced studies (A masters of applied science degree - will be required to complete a thesis), in the field of aerospace engineering. I will be conducting my studies in Canada, however once I am done, unless I find an exceptional job opportunity in Canada, I will most likely shift focus on securing a career in the United States. Upon examining the different EB2 options, I believe EB2-A would fit my situation the best:


"EB-2(A): This category is for foreign nationals professionals with an ‘advanced degrees’ (masters degree or higher) and with a job offer from a U.S. company"

The next requirement for EB-2 would be employment. From reading a FAQ, "Do i need a job offer before applying for EB-2"?

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.

In the event that I have not secured a job with a US employer:
Because I will be graduating under Aerospace Engineering and with my additional undergraduate background in physics, I believe I can demonstrate that my application would be of 'National Interest': Aerospace Engineering in the US serves national and international needs, the most notable one is the defence industry. The sub-topic I will be studying during my masters will be related to satellite systems, and the US is definitely one of the biggest innovators in this area. Also: during my fruitless job hunts for the past 8 months, several companies in the US that have contracts with big aerospace companies have had an interest in my expertise for entry-level engineering positions, but through screening interviews, they regretfully rejected me as a candidate due to citizenship requirements.


Anyways, some questions:

When should i apply to EB2?
My master studies should take 2-3 years. When would be the best time to apply for EB2?
Is it possible to still apply to EB2 before I obtain my Masters? Or is it best that I apply right after?

How long will it take be issued a green card based on EB2 immigration?
This question is very related to the first one, I should be aware of the timing of the situation such that i dont wait excruciatingly long for US immigration after obtaining my masters. Wikipedia (look under the topic: green card) states that EB2 is 'currently available' under the immigrant visa back log, does this mean the wait time is considerably 'short' (ie: 1 year or several months rather than years?)

I am a former green card holder, obtained through family sponsorship. The green card has already expired. What effect does that have on someone re-applying for US immigration? Will the process be quicker, slower or no effect at all?
Some background on this: I was under aged at the time and my parents decided to apply to a family-sponsored based immigration (they had to wait 10 years), when they finally recieved a green card, they initially made an decision to move to the US, but then we decided to return to Canada and remain as Canadian Citizens. Since then, we never tried to obtain a US green card / immigration again.


Does my plan for EB2 immigration sound solid? Thoughts? Comments ? Suggestions?
PLEASE let me know if i have any misconception about the above assessment of choosing EB2-A as my option for US immigration. Your thoughts / shared experiences on this subject are welcomed.
 
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You seem to have an over optimistic view of your qualifications. National interest exceptions are usually in the field of medicine, genetics, national security, etc. Graduates of Aerospace engineering don't automatically qualify for "National Interest".

You should first find an employer who is willing to process your green card application beginning with Labor certification. You can't start the process yourself.

If the job your employer is willing to offer to you qualifies for EB2 AND you meet the minimum requirements of that job, only then can you be considered under EB2.

Backlog on EB2 is several years depending on your country of birth (not current citizenship).

I work in Aerospace/Defense myself. I started in H1b and then got my green card thru my employer.
 
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You seem to have an over optimistic view of your qualifications. National interest exceptions are usually in the field of medicine, genetics, national security, etc. Graduates of Aerospace engineering don't automatically qualify for "National Interest".

You should first find an employer who is willing to process your green card application beginning with Labor certification. You can't start the process yourself.

If the job your employer is willing to offer to you qualifies for EB2 AND you meet the minimum requirements of that job, only then can you be considered under EB2.

Backlog on EB2 is several years depending on your country of birth (not current citizenship).

I work in Aerospace/Defense myself. I started in H1b and then got my green card thru my employer.

Thank you for responding. After reading more I realize that I have several unrealistic expectations. While the topic I am researching/studying is related to US National Interests (Satellite Systems), it remains to be seen that I will be able to make a significant impact (ie: patents, papers that will be utilized by others in the field). That may be difficult to accomplish with only a 2 - 3 year time span.

Can you please elaborate on how you managed to get an H1b with an aerospace/defence company in the US? I have looked long and hard for companies that are willing to do this and they are hard to come accross, especially in a field that relates to national security.

What was your background (ie: did you have a masters or phd? what were your qualifications at the time when you accepted your H1B?)

thanks
 
Sorry, i hate bumping things to get more attention, but if anyone can give me some insightful advice on how to best proceed with obtaining US green card status for post-master's studies, i would greatly appreciate it. I think i've seperated it into several options:


Option #1 -Apply to US immigration through the diversity program
... as someone who actually already obtained a green card and abondoned it through family-relative sponsorship, how does this affect me if i were to restart the process all over again through the diversity program? Note that it was not my decision to abandon my green card status at the time because i was a juvenile under parental control. Overall, this option is the least desirable since it will take too long there is no guarantee i will be selected; infact i just checked wikipedia and Canada is an ineligible country at this point since it has sent more than 50,000 immigrants to the US during the past five years.


Option #2 -EB2 with Employer sponsorship and Labour Certification
This one is hard, considering it is extremely difficult to find a company in the field i will be working in to go through the effort of doing this. From looking at the Top Companies for Visa Sponsorship ( a website that i cant link yet until i've made >10 posts), there are some exceptions such as Honeywell which sponsors quite a few foreign employers (engineers) in aerospace. Again, back to the previous statement, i will also need to prove that I am an above average worker who has made a significant contribution.

To be more precise, i need to full fill 3 of the 5 requirements listed below (along with labour certification with a company that wants to sponsor me), which i believe are not easily attainable after a 2 year master's program (prior to my master's studies i only have 1 year of work experience):

***An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning;

***Letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation;
A license to practice the profession or certification for a particular profession or occupation;

***Command of a salary, or other remuneration for services, which demonstrates exceptional ability;

***Membership in professional associations;

***Recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.



Option #3 -EB2 with National Interest Waiver
Same as before, this one will be tough, and i think i've thoroughly gone over this in my previous post. While my studies will focus on satellite systems, something that can be used as a national waiver, i doubt i will be able to meet the other requirements unless i've done exceptionally well in my 2 years of study.

Option #4 -EB2 after working several years in Canada after obtaining my masters
I have not obtained me P. Eng yet, an official certification/liscence which grants me the title 'professional engineer'.. this can be done after 3 years of work experience. I have already obtained one year of experience through internship work terms. Doing so will allow me to full-fill the
"A license to practice the profession or certification for a particular profession or occupation" requirement.


As for "Membership in professional associations", there is a strong possibility that i will be able to partake in such associations while studying my master's.

So far i think this is the most feasible option, looking into the future of aerospace in Canada, there is a strong push to build our own Canadian Lunar Lander, which will undoubtly create many job prospects in the Canadian Aerospace Industry. MDA is also expanding and becoming lead contractors in many mission system products related to Aerospace.



Option #5 - Obtain a H1B Visa then transfer to Green Card
I dont see how this is possible considering it is hard to find a US aerospace job that is willing to hire foreigneres to begin with. It will depend on the field, government contract jobs (requiring security clearances, citizenship status, and sometimes immigrant status) are out of the question, commercial aviation will be the most likely place to look for jobs that would support this scenario. However from doing a simple search, it is very difficult to find an aerospace job that is free of government contracts.


Again, if i have any glaring misconceptions or unreasonable expectations, please feel free to point them out. If you have insight/advice for me, i would like to hear from you.
 
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