how to get eb2 visa

There are three ways of getting an EB-2 visa (green card):

• Members of professions who hold an advanced degree (or equivalent)
• Those who can otherwise prove exceptional ability in their particular field, whether the sciences, arts, medicine, business, or athletics
• National Interest Waiver (NIW) is a method of getting an EB-2 without having an employer.

Full Answer

What documents do I need for an EB1 visa?

• Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
• Evidence of your membership in associations in the field which demand outstanding achievement of their members
• Evidence of published material about you in professional or major trade publications or other major media

More items...

Who qualifies for EB-2 employment visa?

The three categories for EB-2 eligibility are foreigners with:

• An advanced degree in art, business, or science or a foreign equivalent degree
• Exceptional ability in the sciences, arts, or business or international recognition
• A National Interest Waiver, proving that their work has the ability to benefit the United States

Can I apply for EB1 from outside USA?

To qualify, one must have been employed outside the U.S. for at least one year within the past three years as a manger or executive by an organization related to the U.S. company sponsoring the foreign national. Further, the person must be coming to work for the related U.S. entity in a managerial or executive capacity.

Do I qualify for EB1?

To qualify for the EB1 green card category, you must prove that you meet at least 3 of the criteria below: Have received a national or international price/award for their achievements and excellence. Be a member of an association for their field which continuously asks for advancements from their members.

How do you qualify for EB2?

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.

Is it hard to get EB2 visa?

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 long does it take to get a 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).

Can I apply for EB2 visa by 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 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 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.

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.

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.

Does EB2 visa cause green card?

If the EB-2 visa holder and the spouse are also applying for permanent residence status (green cards), the spouse may apply for an Employment Authorization Document in order to be able to work in the USA while the green card application is being processed.

How many EB2 visas are issued each year?

40,000 EB2 visasApproximately 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.

How long does it take to get I-140 approved in EB2?

On average, however, the petition takes about six months to process. If you are required to get a PERM Labor Certification, then that could take anywhere from eight months to two years depending on whether or not your employer is audited after the recruitment process.

Is EB2 better than EB3?

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.

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.

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 apply for the EB-2 visa?

Applications for the EB-2 visas have multiple steps which involve both the employer and the foreign employee. The application process is divided in two parts:

What is the EB-2 visa?

The EB-2 visa or the Second Priority Workers visa is one which targets three groups of people. These groups are:

How long does it take to get an EB-2 visa?

The time for EB-2 visa to be processed can range from one year to three or four years. Since there is a cap on the limit of annual visas given for EB-2, the processing time for it can be quite long. The visas are processed in order of applying, so if you have applied earlier, you might get processed faster.

Can I bring my family to the U.S with an EB-2 visa?

If you have an approved and valid EB-2 visa, then you can have your spouse and unmarried children under 21 years old join you. Your spouse must apply for the E-21 visa and your children for the E-22 visa.

How to hire a foreign employee?

This is done by filing Form ETA 750 to the DOL. By submitting this form, the U.S employer states that they have tried to find a U.S employee for that job position but could not and that the foreign worker will be paid a prevailing wage.

Can a foreigner get an EB-2 visa?

If approved, the U.S employer can go on to the next step, but if the certification is denied, then the foreign worker is not allowed to get an EB-2 visa.

Who processes EB-2 visas?

The applicant or foreign worker must complete this form which serves as an application for the EB-2 visa. The form will be processed by the U.S Embassy or Consulate that they are applying from.

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.

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.

What is an EB2 visa?

The EB2 visa is the second-preference employment-based green card. It has less strict requirements than the EB1 visa but more strict requirements than the EB3 visa. The following is a brief list of the three requirements. More in-depth information about each requirement will follow.

What is the first requirement for an EB2 visa?

The first requirement to qualify for an EB2 visa is that you must either hold an advanced degree, have exceptional ability, or promote work in the national interest of the United States.

What are the requirements for an EB2?

This includes all people in the advanced degree category and all people in the exceptional ability category. The employer must meet several requirements for the offer to be considered valid. This requires the employer to have a physical building and a way to be contacted. Furthermore, they must have the ability to pay the foreign national, which can be demonstrated by IRS taxes . The employer and beneficiary must clearly show an employer-employee relationship. The employer must be able to hire, fire, and control the work duties of the beneficiary. The employer must also pay the beneficiary at least the prevailing wage for the job. Additionally, the employer must be willing to sponsor the foreign beneficiary as they are responsible for completing the PERM labor certification and petition, and any associated costs.

How to qualify as an exceptional person?

To qualify as someone with exceptional ability, you must have ability “significantly above” those in your field. The exceptional ability can be in business, science, or the arts. You must have exceptional ability in the area where you hope to work in the United States. To prove exceptional ability, you must have at least three of the following:

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 the second preference employment-based green card category that grants US permanent residency to foreign nationals with advanced degrees or exceptional ability. Eligible persons for EB2 immigrant visa include those who:

How to get an advanced degree for EB2?

To apply for an Advanced Degree EB2 Visa, the applicant must hold at least a masters degree or its equivalent, or a bachelors level degree with a minimum of five years of increasing experience. Not all advanced degrees are eligible, and applicants should confirm their qualifications satisfy USCIS regulations by checking on the USCIS website.

How to self petition for alien worker?

May self-petition by filing the Immigrant Petition for Alien Worker, Form I-140, along with evidence of the national interest.

How to waive national interest?

An application for waiving the national interest can be made by the applicant by filing directly to United States Citizenship and Immigration Services, including submission of the I-140 Form, Petition for Alien Worker.

What is EB-3 in employment?

Third preference (EB-3) – skilled workers, professionals, or other workers.

When is an immigrant visa available?

An immigrant visa is immediately available to you at the time you file your Form I-485 and at the time USCIS makes a final decision on your application. (For information on visa availability, see Visa Availability and Priority Dates, Adjustment of Status Filing Charts, and the Department of State website to view the Visa Bulletin .)

What is an I-864?

Form I-864, Affidavit of Support Under Section 213A of the INA (only if your Form I-140 petition was filed by a relative who is a U.S. citizen or lawful permanent resident, or by a for-profit entity if 5% or more of the ownership interest is held by a relative who is a U.S. citizen or a lawful permanent resident). See Instructions for Form I-864 (PDF, 439.52 KB) for more information.

How many KB is the I-485?

For more information on applying for adjustment of status, see the Instructions for Form I-485 (PDF, 551.22 KB). Please also see our page on Tips for Filing Forms with USCIS.

How to apply for employment authorization for a pending I-485?

Generally, when you have a pending Form I-485, you may apply for employment authorization by filing Form I-765, Application for Employment Authorization.

Is the I-140 pending?

While the Form I-140 is pending; or. After the Form I-140 is approved (and remains valid). For information on visa availability, see Visa Availability and Priority Dates, Adjustment of Status Filing Charts, and the Department of State website to view the Visa Bulletin.

Can I file an I-485 for a green card?

If you are currently in the United States, an immigrant visa is immediately available to you as an EB-1, EB-2, or EB-3 immigrant, and you meet certain other requirements, you may file Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a Green Card without leaving the country. This is called “adjustment of status.” If a visa is immediately available, you may file your Form I-485:

How to apply for an EB2 visa?

Once your priority date arrives, the foreign beneficiary can either apply for their immigrant visa at their local US embassy abroad or if they are lawfully present in the United States, they may be eligible to apply for an adjustment of status in the United States. You must do this within 1 year of your priority date. Additionally, prior to your interview, you should complete a medical examination and prepare all relevant documentation. If the US consular officer or immigration officer approves your application, you will receive EB2 visa status and be eligible to come to the United States and with a green card.

How long does it take to get an EB2 visa?

As mentioned earlier, the standard EB2 visa processing time is about 18 months, but it can take much longer in certain cases.

How long can an EB2 visa be delayed?

Targeted PERM audits happen if the Department of Labor has concerns about any aspect of your application. Random audits can also happen. These can delay your applications for up to one year. For this reason, it is valuable to work with an experienced immigration lawyer to help diminish the chance of targeted audits. It is also important to keep all relevant documents in case of a random audit.

What is the first step in the EB2 process?

The first step in the EB2 visa process is the PERM labor certification. This process is completed by the US employer after they have identified a foreign national they wish to hire.

What to do prior to an EB2 interview?

Additionally, prior to your interview, you should complete a medical examination and prepare all relevant documentation. If the US consular officer or immigration officer approves your application, you will receive EB2 visa status and be eligible to come to the United States and with a green card.

How many green cards are EB2?

Only 28.6% of employment-based green cards can be EB2 visas and only 7% of any visa receivers can be from any one country. As a result, countries with more visa applicants have more demand than supply and there is a waitlist. In particular, nationals of China and India should expect long wait times.

How long does it take to get an immigrant visa?

Whether you apply for your immigrant visa or do an adjustment of status, the average processing time is about 9 months.