Process of Applying for EB-2 Category US Green Card
- First and foremost, have a full time employment with a US based firm
- File for and get approved for Labor Certification
- If qualifying for NIW, apply for NIW
- NIW also requires to file for and approval for labor certification
- Apply for and get approved for Form I-140, Petition for Immigrant Worker
- Await for USCIS to update your cutoff dates and assign you a priority date
Full Answer
How to apply for an EB-2 visa without a job offer?
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.
What is an EB-2 NIW visa?
With an EB-2 NIW visa, the applicant is considered a lawful permanent resident of the United States. 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”).
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.
Where can I find more information on schedule a for EB-2?
For more information on Schedule A, read our policy in Volume 6, Part E, Chapter 7, of the USCIS Policy Manual. 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.
Can I apply for EB2 myself?
The EB-2 NIW applicants can also self-petition, which means they do not need an employer to sponsor them. They can file Form I-140, Petition for Alien Worker on their own behalf.
How can I apply for EB2 visa in USA?
The job you apply for must require an advanced degree and you must possess such a degree or its foreign equivalent (a baccalaureate or foreign equivalent degree plus 5 years of post-baccalaureate, progressive work experience in the field).
How long does it take to get EB2 visa?
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).
Who gets EB2 visa?
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.
Is EB2 visa hard to get?
How Do I Qualify For an EB-2 Visa with Exceptional Ability? Applicants in this category must prove exceptional ability. That means you are better than most people in the field of sciences, arts or business. You must also have at least 10 years' experience working in your field and a confirmed US job offer.
How much does EB2 cost?
EB2 Visa Fees There are different fees you will have to pay when applying for the EB2 visa. The I-140 filing fee is $700, and you may also pay an $85 biometrics fee. The I-485 filing fee depends on the applicant's age. Usually, the price is between $750-$1,140.
Does EB2 require sponsorship?
National Interest Waiver (NIW or EB-2) The National Interest Waiver is similar to the EB1-1 in that it does not require employer sponsorship or a Labor Certification.
Is EB2 a visa or green card?
The EB2 visa is a green card option available to those with exceptional ability or advanced degrees. There are three categories under EB2. The EB2-A category is for those who hold advanced degrees. The EB2-B category is for those with exceptional ability.
Which is better EB2 or EB3?
The significant difference between EB2 and EB3 visas is that the EB2 category requires the candidate have an advanced degree for the positions of science and business. On the other hand, the EB3 category has job positions for unskilled workers, skilled workers, or professionals.
What is EB2 process?
These are the basic three stages of getting an employment-based green card (EB2 and EB3) in the US: Stage 1: PERM/Labor certification stage. Stage 2: I-140 immigration petition. Stage 3: I-485 Application to adjust status.
Is EB2 a visa or green card?
The EB2 visa is a green card option available to those with exceptional ability or advanced degrees. There are three categories under EB2. The EB2-A category is for those who hold advanced degrees. The EB2-B category is for those with exceptional ability.
Do you need H1B to apply for EB2?
Unlike the H1B category, the education requirement for an EB2 or EB3 professional position cannot be substituted by showing a number of years of work experience, or even a combination of education and experience. It is necessary to actually have a qualifying degree, whether U.S. or its foreign equivalent education.
How many EB2 visas are issued each year?
Since the employment based visas have a limit on the annual number of visas issued, out of the 140,000 immigration visas, 28.6% are allocated for EB-2 visas as well as any visas that are left from EB-1 visas. This means that 40,040 visas plus those left by the EB-1 visa are for the EB-2 visa category.
What is the current date for EB2 green card?
EB-2 India's Final Action date remains at December 1, 2014, while EB-2 China remains at April 1, 2019. No change in Mexico in the EB-4 category (remains at April 1, 2020). In the family-based Dates for Filing Chart we see no changes across the board apart from F-2B Mexico, which advances one week.
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.
Who is eligible for a national interest waiver?
Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the nation.
Is other comparable evidence of eligibility acceptable?
Other comparable evidence of eligibility is also acceptable.
Advanced 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
You must be able to show exceptional ability in the sciences, arts, or business, which will greatly benefit the U.S. economy, cultural or educational interests, or welfare in the future. Exceptional ability means, “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”
National Interest Waiver
If you are requesting that we waive the labor certification (also known as a job offer) because it is in the best interest of the United States, you are eligible to file a petition in your own behalf. You may do this whether you seek to classify yourself as a member of a profession who has an advanced degree or if you have an exceptional ability.
Adjustment of Status
After we approve your petition, you can apply to become a lawful permanent resident if there is a visa available according to the State Department Visa Bulletin. You can do this by either filing Form I-485 if you are in the United States, or by applying through the U.S.
What is an EB2 visa?
The EB2 visa is a powerful immigration option for people with exceptional ability or advanced degrees. Through the EB2 visa you can obtain a U.S. green card (permanent residence) based on having a job offer from a U.S. company.
How long does it take to get an EB2 visa?
You should usually receive your PERM labor certification response in around 6 months after filing. However, if you are subject to an audit, this process can be delayed by around a year. For this reason, it is important you take as many precautions as possible for your PERM labor certification to be successful.
What is the fastest visa to permanent residency?
The EB2 visa is the fastest path to permanent residency for many people. The processing times for the EB2 visa will be discussed later in Section 8: “How long does it take to get an EB2 visa ?”
How many EB2 visas are there in a year?
Approximately 40,000 EB2 visas will be given each year. Additionally, no more than 7% of EB2 visas can go to applicants from one country. This means that if you are a national of a country with many applicants, the wait to receive a visa will be longer.
Can my spouse work in the US with an E-21 visa?
Your spouse is eligible for E-21 status and your unmarried children under 21 are eligible for E-22 status. Your children are eligible to attend school and your spouse, after completing the Employment Authorization Documents, is eligible to work in the United States. 3. EB2 Visa Requirements.
Do you have to have a sponsor to work in the US?
You must have a valid job offer from a US company willing to sponsor you.
Can I apply for an EB2 visa at a US consulate?
If your Form I-140 is approved by USCIS, you will receive Form I-797. This means that you are allowed to apply at a US consulate for an EB2 visa. You will receive an EB2 priority date. The exact date will depend on how many other people are also applying for an EB2 visa. Once your date arrives, you will schedule and go to an interview at a US consulate or if you are lawfully present inside the US, you will apply for an adjustment of status.
How much does it cost to get the EB2 Visa?
The total cost of the EB2 Visa varies depending on the personal circumstances of each applicant. Nevertheless, if you are thinking of applying for the EB2 Visa, you have to be ready to pay the following fees:
What are the requirements for the EB-2A Visa?
To be able to apply for the EB-2A Visa (Advanced Degree), you need to hold at least a masters degree in your field or its equivalent. Alternatively, you can apply for the EB-2A Visa if you have a bachelors degree and at least five years of work experience in the sector you specialise in.
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.
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:
Can you get an EB2 visa with a waiver?
In this situation, an exception will be made to the PERM requirement. If someone asks for a waiver for the Labor Certification due to being in the best interest of the U.S., then this is also a path to getting an EB2 visa.
U.S. Department of Labor – Labor Certification
Third preference petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-9089. In some cases, the petition may be submitted to U.S. Citizenship and Immigration Service (USCIS) with an uncertified ETA-9089 for consideration as Schedule A, Group I.
Application Process
Your employer (petitioner) must file a Form I-140, Immigrant Petition for Alien Workers. 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.
Family of EB-3 Visa Holders
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 E34 (spouse of a “skilled worker” or “professional”) or EW4 (spouse of an “other worker”). and E35 (child of a “skilled worker” or “professional”) or EW5 (child of an “other worker”).
