Tag: eb2

Understanding EB-2 Visas: Eligibility, Requirements, and Benefits

The EB-2 immigrant visa or green card category is a popular option for individuals seeking permanent residency in the United States based on their advanced degrees, exceptional abilities, or national interest waivers. In this blog post, we’ll explore the key aspects of EB-2 visas, including eligibility criteria, application requirements, and the benefits of obtaining this visa.

Eligibility Criteria:

  • Advanced Degree Holder: To qualify for an EB-2 green card as an advanced degree holder, you must have a master’s degree or higher from an accredited U.S. institution or its foreign equivalent. Alternatively, you may qualify with a bachelor’s degree plus five years of progressive work experience in your field.
  • Exceptional Ability: If you possess exceptional abilities in the sciences, arts, or business, you may be eligible for an EB-2 visa. Exceptional ability is demonstrated through sustained national or international acclaim and recognition in your field.
  • National Interest Waiver (NIW): Individuals whose work is deemed to be in the national interest of the United States may qualify for a national interest waiver under the EB-2 category. This option allows applicants to bypass the labor certification process and self-petition for their green card.

Application Process:

The application process for an EB-2 visa involves several steps:

  • Labor Certification: Most EB-2 applicants must obtain a labor certification from the U.S. Department of Labor, demonstrating that there are no qualified U.S. workers available to fill the position they seek.
  • Form I-140 Petition: Once the labor certification is approved, the employer files Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS) on behalf of the employee. During this step, the employer will have to prove the ability to pay the proffered wage.
  • Adjustment of Status or Consular Processing: If the applicant’s priority date is current, the applicant can either apply for adjustment of status if they are already in the U.S. or go through consular processing if they are outside the country to receive their green card.

Benefits of EB-2 Visas:

  • Path to Permanent Residency: The EB-2n immigrant visa provides a direct pathway to obtaining permanent residency (i.e. green card) in the United States for individuals with advanced degrees, exceptional abilities, or contributions to the national interest.
  • Work Authorization: EB-2 green card holders are authorized to work and live in the United States indefinitely, allowing them to pursue career opportunities and contribute to the U.S. economy.
  • Priority Date: EB-2 green cards have a shorter waiting time compared to other employment-based green card categories, making them an attractive option for qualified applicants.

In conclusion, the EB-2 green card category offers a valuable opportunity for individuals with advanced degrees, exceptional abilities, or contributions to the national interest to obtain permanent residency in the United States. Understanding the eligibility requirements, application process, and benefits of the EB-2 green card can help applicants navigate the immigration process successfully and achieve their long-term goals.

Stay tuned for our next blog post, where we’ll delve deeper into the EB-2 green card application process and provide tips for a successful petition.

Tips for a Successful EB-2 Immigrant Visa Application: Navigating the Process with Confidence

An EB-2 immigrant visa can be your ticket to obtaining permanent residency (i.e. a green card) in the United States. In this blog post, we’ll share valuable tips and insights to help you navigate the EB-2 green card application process successfully and increase your chances of approval.

Tip 1: Gather Comprehensive Documentation.

Gather all required documentation, including educational credentials, professional certifications, letters of recommendation, publications, awards, and other evidence of your qualifications and achievements. Providing comprehensive documentation will strengthen your EB-2 green card petition and demonstrate your eligibility for the green card category.

Tip 2: Tell your NIW Story

If you are applying for an EB2 with a National Interest Waiver, write a compelling petition letter that clearly outlines your qualifications, achievements, and contributions to your field. Highlight your unique skills, experiences, and the impact of your work in your industry or area of expertise. Make sure that your letter is detailed enough to explain why your work is important enough to be “in the national interest,” but at the same time readable so that someone who does not do what you do can understand your complicated work. If you’re applying with the National Interest Waiver–skip Tip 3 because you do not need a job offer!

Tip 3: Get a Job Offer and Employer Support.

If you’re applying for an EB-2 green card based on a job offer, ensure that your prospective employer is fully supportive of your immigration process. It’s no easy task for an employer to sponsor you for an EB-2. The process can take years and cost the employer tens of thousands of dollars. 

Tip 4: Get Started with the Recruiting and Paperwork:

You don’t have full control of an EB-2 process–your employer does. However, do whatever you can to help your employer with the many steps of recruiting and submitting applications to various immigration documents. Keep your employer updated with your address, marital status, job changes, educational credentials, and anything else that may be asked about on any of the immigration applications.  

Tip 5: Stay in Status

If you’re in the US, you must stay in some immigration status until your green card application is submitted. This could be years–even over a decade for folks from India or China–from the time you and your employer first start the EB-2 process. 

Tip 6: Work with an experienced immigration attorney. 

This is a long and complicated process. Do not do it without an experienced immigration attorney guiding you and your employer. Stay in touch with your immigration attorney throughout the process so that you stay informed about updates to immigration laws, policies, and procedures that may impact your EB-2 green card application. 

To Sum It Up!

A successful EB-2 green card application requires careful planning, preparation, and attention to detail. Reach out to our experienced team so that we can decide whether we can work with you and your employer on an EB-2 process for you. We would love to help you achieve your immigration goals and realize your American dream.

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You should consult with an attorney to figure out if you are eligible for a green card before you submit any applications or documents to the U.S. government.