What is the EB-2 visa?
The EB-2 visa is a second preference employment-based green card that is typically for graduates with an advanced degree or a foreign national with exceptional ability in their area of specialization. Members of professions who hold an advanced degree (or equivalent)
What is the difference between EB2 a and EB2 B?
The EB2-A category is for those who hold advanced degrees. The EB2-B category is for those with exceptional ability. The EB2-C category is for people for whom their permanent residence it is in the national interest of the United States. The EB2 visa is a second preference employment visa.
Can I file my own petition for eb2-c visa?
You can file a petition on your own behalf for an EB2-C visa. This also means that you do not need to fill out the PERM labor certification. 4. EB2 Visa process There are several steps involved in the EB2 visa application process.
What is the best time to apply for an EB2 visa?
There is no advantage to applying for an EB2 visa at a specific time of year. EB2 visas are granted each month. Therefore, unlike other visas such as the H-1B where you must apply on a specific date, you can apply for an EB2 visa at any time.
How to qualify for an EB-2 visa?
What age can I apply for E-21?
What is exceptional ability?
Is it beneficial to waive the requirements of a job offer?
Is other comparable evidence of eligibility acceptable?
Can an employer file an ETA 9089?
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How long does it take to get a EB-2?
As a general overview, the EB2 visa processing time usually takes about 18 months from start to finish, but it can take up to several years in certain cases (depending on your country of birth).
How do you qualify for EB-2?
EB-2: Employment-Based Immigration– Advanced Degree or Exceptional AbilityAdvanced Degree. You must have have an advanced degree or its equivalent, which is a bachelor's degree plus five years of progressive work experience in the field. ... Exceptional Ability. ... National Interest Waiver.
Can I apply for EB2 visa by myself?
To apply for an EB-2 visa, the applicant will first need to file Form I-140 (officially called the “Immigrant Petition for Alien Worker”). The NIW allows the applicant to file this petition on their own behalf — without a job offer and without first acquiring a permanent labor (PERM) certification.
Does EB-2 require job offer?
Generally, an EB2 visa or other employment- based visas require a formal employment offer for an applicant to be eligible to apply. Additionally, it requires a Labor Certification from the Department of Labor.
How much does EB2 cost?
EB-2 Visa Cost The cost for filing Form I-140 (officially called the “Immigrant Petition for Alien Workers”) is $700. It's important to note that this fee is to be paid by the employer sponsoring the prospective job applicant.
Is EB3 or EB2 better?
Both are employment-based visas. However, the EB2 visa is the second-preference employment visa and the EB3 visa is the third-preference employment visa. This means that EB2 visas are slightly preferred over EB3 visas. EB2 visas make up 28.7% of approved employment-based visas.
Is EB-2 faster than EB3?
Assuming, EB3 moves at a faster rate than EB2 India, you downgrade from EB2 to EB3 and file i485 along with 140. Now, in the future EB2 India moves faster than EB3 India and you have approved 140 and EAD from EB3.
Is EB2 visa permanent?
The EB2 visa allows qualified individuals to gain legal permanent residence in the United States. Having permanent residence in the United States gives you many benefits.
Who can sponsor EB2?
EB-2 visas are available to professionals holding advanced university degrees and persons of exceptional ability in the sciences, arts, or business. The law allows foreign nationals to obtain a U.S. immigrant visa and green card through employment if they qualify under one of five preference categories.
Can spouse of EB2 work?
The legal spouse of an EB-2 green cardholder may apply to remain in the U.S. via an E-21 application, minor children (unmarried, under 21) use an E-22 application. The spouse may apply for an EAD (Employment Authorization Document) to work in the U.S. during the process.
Can I apply for green card myself?
Most people who apply for a Green Card will need to complete at least two forms—an immigrant petition and a Green Card application (Form I-485). Someone else usually must file the petition for you (often referred to as sponsoring or petitioning for you), although you may be eligible to file for yourself in some cases.
Can I self petition for a green card?
Eligibility for Green Card through Self Petition Eligible applicants for the green card through self petition category must: Possess extraordinary ability in the field of arts, science, education, business, or athletics or have been granted a National Interest Waiver. Hold a valid passport.
Who can sponsor eb2?
EB-2 visas are available to professionals holding advanced university degrees and persons of exceptional ability in the sciences, arts, or business. The law allows foreign nationals to obtain a U.S. immigrant visa and green card through employment if they qualify under one of five preference categories.
Can an immigrant sponsor himself?
The only two employment-based immigrant visa categories in which a foreign national may self-petition are National Interest Waiver (EB-2) and Extraordinary Ability (EB-1).
Green Card Through a Physician National Interest Waiver (NIW)
The second-preference employment category (EB-2) allows individuals of exceptional ability and individuals who are members of the professions holding advanced degrees to get a Green Card (permanent residence).
EB-2 Green Card Attorney | Requirements, Timeline, Processing Time
The EB-2 is a highly sought-after green card due to its many advantages. Our EB-2 green card lawyers can get you on the path to employment in the U.S.
EB2 Priority Date - USCIS Guide
An EB-2 Visa is an employment based visa. Due to a popular demand, the priority date to forecast the procesing time has been increasing. Find out more.
How to get an EB2 visa?
In order to qualify for an EB2 visa, one has to meet certain criteria. Here is what you require to be eligible: 1 Membership in a professional association 2 A license that allows you to practice your profession, or a profession or occupation certification 3 Letters that document at least around 10 years of full-time experience in your particular field 4 Official records from your academic experience that show you have a certificate, diploma, degree, or anything of the sort from a school, university, college, or any similar institution where you learned skills/info related to your particular area 5 Proof that you have gotten a salary or a remuneration for services that show your exceptional ability 6 Achievement recognition or any significant contribution recognition by your professional or business organizations, or your peers or government entities 7 Any other type of comparable eligibility proof
How much does it cost to get an EB2 visa?
The I- 485 filing fee depends on the applicant’s age. Usually, the price is between $750-$1,140.
How long does it take to get an EB2 visa?
The processing time of the EB2 visa depends on each case. It usually takes around 18 months in total. In worst cases, it may take several years, but it depends on the country you’re from.
What is exceptional ability?
Exceptional ability refers to being above the average level. In order to qualify under this, the applicant must meet at least 3 out of 7 criteria that the USCIS set. These criteria include:
Can I file an I-140 for a NIW?
It’s usually the employer who files the Form I-140 to allow you to qualify for an EB2 visa, but when applying for an NIW, you can file the I-140 yourself. Your employer should also prove that he/she is able to continuously pay the salary offered on the priority date.
Can an unmarried child apply for an EB2 visa?
The good thing about the EB2 visa process is that if you get approval for your I-140 petition, your unmarried children under 21 and your spouse may be able to apply for U.S. admission as well. They can do so under the E-21 and E-22 immigrant status.
Can everyone get an EB2 visa?
So, we’ve established that not everyone is eligible for an EB2 visa. Still, there are a few routes you can take to obtain the visa you long for. Here are the routes available:
How long does it take to get a green card for Eb2?
One common question arises in mind that how long does it take for eb2 to get a green card? It takes 8 months to 2 years for PERM or Labor Certification. If you file Form I-140 on a regular process then it takes a time about 6 months for processing. If you chose premium processing for Form I-140 then the processing time will be reduced from 6 months to 15 calendar days. The applicant has to wait for his priority date to become current after approval of Form I-140. Then after that applicant file Form I-485. Normally it takes about 6 months for processing depending on your service center.
How much does it cost to file an I-140?
The second step is to filing Form I-140 the filing fee for the regular process is $700 and for premium processing fee is $1225.
Do foreigners get green cards?
The foreign workers are allowed a fixed number of green cards every year by the United States. That foreign workers are required by the U.S. employers for vacant positions in their companies. Let’s have a look at the categories of EB2 visas.
Do I need to submit an I-140?
Those applicants who wanted to apply under the national interest waiver category must have any job offer from the U.S. employer and must submit the Form I-140 along with the proof of the national interest as well.
Why is the EB2 green card so popular?
The EB2 Green Card is highly desirable because it can offer a relatively fast route to permanent U.S. residence. However, it does come under close scrutiny by USCIS, so you are strongly advised to hire an immigration attorney that has a track record in successful EB2 applications.
What is an alternative path to an EB2 Green Card?
An alternative path to an EB2 Green Card is in the case of an individual who requesting the usual Labor Certification be waived because it is in the interest of the United States.
What is exceptional ability?
Exceptional ability is defined as “significantly above that normally encountered.”. Evidence is required that meets at least three of seven criteria set by USCIS, which may include: academic records, professional licenses, recognition in the particular field,
Can a minor child apply for E-22?
Minor children (unmarried, under 21) may apply for the E-22. While the process of applying for permanent residency is ongoing, the spouse may apply for an EAD ( Employment Authorization Document ), which would give them the right to work in the United States.
How to qualify for an EB-2 visa?
To qualify for an EB-2 visa, your employer must file a Form I-140, Petition for Alien Worker, unless you are filing for a National Interest Waiver, in which case you can file a Form I-140, Petition for Alien Worker on your own behalf. As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage.
What age can I apply for E-21?
If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-21 and E-22 immigrant status, respectively.
What is exceptional ability?
Exceptional Ability. You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”. You must meet any requirements specified on the labor certification as applicable.
Is it beneficial to waive the requirements of a job offer?
It would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.
Is other comparable evidence of eligibility acceptable?
Other comparable evidence of eligibility is also acceptable.
Can an employer file an ETA 9089?
For aliens of exceptional ability that can demonstrate widespread acclaim and international recognition or certain professional nurses and physical therapists, the employer may submit the petition to U.S. Citizenship and Immigration Service (USCIS) with an uncertified ETA-9089 for consideration as Schedule A. For more information on Schedule A, read our policy in Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.
Got my green card today! Here's my timeline
I just copied and pasted from the website so the latest updates come first.
My GOD..
I started a new job as a paralegal in a immigration firm this week...and my God... I have never felt so privileged in my life. I’m not even white , I’m Hispanic but my family came to the US with proper documentation and never had to deal with any of this.
Marriage based GC filers
Do any of the marriage based GC filers feel that the process of adjustment of status, directly/indirectly puts them at the mercy of their USC petitioner?
Sweet surprise: OPT EAD approved and shipped in a month!
I applied for OPT on Feb 22 (with graduation eyed on May 15). Today I logged on to the USCIS to see the case has been approved and the card is being shipped. I was not expecting to receive it before mid-June. Happy surprise I guess.
What is an advanced degree for the purpose of EB-2 visa?
Advanced degree for the purpose of EB-2 visa is a United States advanced degree (degrees above a bachelors) or a foreign equivalent degree.
What are the differences between Regular EB2 visa and EB2 NIW (National Interest Waiver) petitions?
The foreign national is called the "beneficiary". The petition needs to establish the qualifications of the foreign national (an individual with advanced degree or exceptional ability). For an EB2 NIW (National Interest Waiver) case, the foreign national can self-petition the case.
What does EB2 NIW (National Interest Waiver) waive?
The National Interest Waiver waives the labor certification process and the necessity of having an offer of employment.
What is “exceptional ability“ for the purpose of EB2 petition?
Athletes may be considered aliens of exceptional abilities in the arts for purposes of qualifying in the second employment-based preference.
Who has “exceptional ability“? What document qualifies then as evidence of “exceptional ability“?
The law does not specify the definition of “exception ability“. However, the law does indicate that the foreign national must have a degree of expertise above that ordinarily encountered in his or her field.
What is the EB2 NIW approval Rate?
The USCIS has never released information regarding the overall EB2 NIW approval rate. North America Immigration Law Group has maintained a high approval rate for this category.
How many publications and citations are sufficient to meet EB2 NIW (National Interest Waiver) requirements?
There is no specific minimum publication or citation requirement; rather, it is determined by USCIS on a case-by-case basis.
How to qualify for an EB-2 visa?
To qualify for an EB-2 visa, your employer must file a Form I-140, Petition for Alien Worker, unless you are filing for a National Interest Waiver, in which case you can file a Form I-140, Petition for Alien Worker on your own behalf. As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage.
What age can I apply for E-21?
If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-21 and E-22 immigrant status, respectively.
What is exceptional ability?
Exceptional Ability. You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”. You must meet any requirements specified on the labor certification as applicable.
Is it beneficial to waive the requirements of a job offer?
It would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.
Is other comparable evidence of eligibility acceptable?
Other comparable evidence of eligibility is also acceptable.
Can an employer file an ETA 9089?
For aliens of exceptional ability that can demonstrate widespread acclaim and international recognition or certain professional nurses and physical therapists, the employer may submit the petition to U.S. Citizenship and Immigration Service (USCIS) with an uncertified ETA-9089 for consideration as Schedule A. For more information on Schedule A, read our policy in Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.
