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
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.
What is an EB2 visa who qualifies for it?
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.
How long is 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).
What is EB2 visa?
The EB-2 visa is a second preference employment-based visa and is typically for graduates with an advanced degree or a foreign national with exceptional ability in their area of specialization.
Is an EB2 visa permanent?
EB-2: Employment-Based Immigration– Advanced Degree or Exceptional Ability. You may be eligible for an employment-based, second preference (EB-2) permanent worker visa if you are a member of a profession and you have an advanced degree or its equivalent, or if you have an exceptional ability.
Is it difficult to get an 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 much does an EB2 visa cost?
between $750-$1,140EB2 Visa Fees Usually, the price is between $750-$1,140. Then, the DS-260 filing fee is $230, and the Affidavit of Support will also cost $88.
How long does it take for EB2 to get a green card?
It can take anywhere from 10 months to over 2 years for U.S. Citizenship and Immigration Services (USCIS) to process Form I-140, depending on which service center is reviewing the petition. Once the I-140 is approved, the applicant must wait for a visa to become available.
Which one is better EB2 or 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.
Can EB2 visa apply green card?
The EB2 visa allows foreign nationals to live, work and take up as lawful permanent residence in the United States. Learn more about the requirements and process of getting this employment-based immigrant visa, also known as a green card.
Does EB2 require masters degree?
To meet the basic legal requirements for an EB-2(A) visa, the foreign national must have earned an advanced academic degree, such as a Master's, Ph. D., Juris Doctor (J.D. or law degree), or an M.D. (medicine). In one situation, however, the foreign national does not need a degree beyond a baccalaureate.
What is the difference between H1B and 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.
Is EB2 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.
How long does it take for I-140 approved in EB2?
The total processing time varies tremendously depending on your country of origin and the service center that processes your I-140. On average, however, the petition takes about six months to process.
What is the difference between H1B and 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.
Can I work while waiting for EB2 visa?
There are no restrictions on the type of job you can work while waiting for a green card. You're free to work any legal job in the United States, as long as you have an EAD.
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 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.
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 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.
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.
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.
What is the EB-2 requirement?
There are two sub-categories of EB-2: "advanced degree" - the job must require an "advanced" degree ( master's degree or superior), or the applicant must possess one or its equivalent ...
What is the second criterion in a foreign endeavor?
The second criterion focuses on whether the foreign national has the ability to succeed in the endeavor. The foreign national must be well positioned to advance the proposed endeavor, but is not required to show that he or she will succeed.
What form do I need to file for an alien worker?
Applicants (with the exception of applicants applying for an exemption known as National Interest Waiver) must generally have an approved labor certification, a job offer, and their employer must have filed an Immigrant Petition for Alien Worker ( Form I-140) with the USCIS .
Who is eligible for an EB-2 Visa?
Holders of an advanced degree: At least a master’s degree or its foreign equivalent.
Subcategories of EB-2 Visa
EB-2A - For advanced-degree professionals who have a job offer with a US-based firm.
How can I apply for an EB-2 Visa?
Advanced-degree or extraordinary ability applications must be accompanied by an individual labor certification from the Department of Labor on Form ETA-750.
Benefits of the EB-2 Visa
This visa will allow you to obtain legal and permanent residency in the United States. In addition, you are eligible to apply for U.S. citizenship in the future. By becoming a permanent resident, you will have access to benefits such as ease of travel and immigration stability.
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.
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 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:
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.
What is an exceptional person?
People with exceptional abilities – are those who have demonstrated exceptional abilities and achievements in business, arts, or sciences
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.
What is an EB-1 visa?
An EB-1 visa is the first preference category for applicants who are leaders in the fields of science, art, education, business, or athletics. The EB-1 category is divided into three subcategories:
What is the second subcategory of EB-1B?
EB-1B – The second subcategory is meant for outstanding researchers and professors. Eligibility for this green card is shown through the applicant’s contributions to their field. You must have international recognition, at least three years of experience, and a job offer for a permanent position in the U.S. Apart from these, the EB-1B subcategory also has six different eligibility criteria. You must meet at least two of those requirements.
How Do Priority Dates Work for EB-1 and EB-2 Green Cards?
It doesn’t matter whether you are getting an EB-1 green card or an EB-2, you will need to deal with priority dates. If you are not sure what a priority date is, here is a quick run-through.
Can I Port From an EB-2 to an EB-1?
This question is usually asked by those that already have an I-140 filed for the EB-2 green card. Technically, there is no way to simply switch your petition to a different green card. However, if your qualifications change and you obtain a new job that makes you eligible for the EB-1 green card, you may be able to file a new petition for the EB-1 and retain your EB-2 priority date.
What is the third subcategory of the EB-1 green card?
EB-1C – The third and last subcategory of the EB-1 green card is geared toward the executives and managers of multinational companies that have a branch in the U.S. and in at least one other country. To qualify, you must meet the USCIS standards for an executive and manager.
How many years of experience do you need to be an EB-1B?
You must have international recognition, at least three years of experience, and a job offer for a permanent position in the U.S. Apart from these, the EB-1B subcategory also has six different eligibility criteria. You must meet at least two of those requirements.
Which is more advantageous, EB-2 or EB-1?
The EB-1 green card is considered more advantageous and prestigious than EB-2 for the following reasons:
Overview
EB-2 is an immigrant visa preference category for United States employment-based permanent residency, created by the Immigration Act of 1990. The category includes "members of the professions holding advanced degrees or their equivalent", and "individuals who because of their exceptional ability in the sciences, arts, or business will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose s…
Eligibility criteria
The statutory requirements may be found in the Immigration and Nationality Act (INA) at Section 203(b)(2) (8 U.S.C. 1153(b)(2)). The regulatory requirements may be found in the Title 8 Code of Federal Regulations (8 CFR) at section 204.5(k). There are two sub-categories of EB-2:
• "advanced degree" - the job must require an "advanced" degree (master's degree or superior), or the applicant must possess one or its equivalent (a bachelor's degree plus five years' progressiv…
Quotas
As of September 2012, the Department of State determined that the FY-2012 numerical limit for the worldwide employment-based preference must be 144,951, and the per-country limit must be 7% of the worldwide cap, regardless of the population of the country. Out of this, the EB-2 category is limited to 28.6% of the worldwide level, plus any numbers not used by the EB-1 category ("spillover").
Application
The Bureau of Consular Affairs has more details about the application process.
EB-2 immigration categories normally require the Labor Certification application. Once the employer has obtained the Labor Certification, the employer can file an I-140 immigrant petition for an alien with the USCIS. One purpose of I-140 petition that requires a certified Labor Certification is to establish that the employer has the ability to pay the offered wage stated in the Labor Certifi…
Costs
As of September 2012, the Department of State application processing fee for employment-based immigrant visas is US$405. The fee for the USCIS Petition for Alien Worker (Form I-140) is US$700.
External links
• Employment Second Preference (E2): Professionals Holding Advanced Degrees and Persons of Exceptional Ability - Bureau of Consular Affairs, Employment-Based Immigrant Visas
• Employment-Based Immigration: Second Preference EB-2 - USCIS
• [
• Employment Second Preference (E2): Professionals Holding Advanced Degrees and Persons of Exceptional Ability - Bureau of Consular Affairs, Employment-Based Immigrant Visas
• Employment-Based Immigration: Second Preference EB-2 - USCIS
• [https://web.archive.org/web/20131221174658/http://www.uscis.gov/portal/site/uscis/menuitem.5a…
Who Is Eligible For An EB-2 Visa?
Subcategories of EB-2 Visa
- EB-2A- For advanced-degree professionals who have a job offer with a US-based firm.
- EB-2B- For individuals with exceptional skills in sciences, arts, or business who have a job offer with a US-based firm.
- EB-2C- For advanced-degree professionals or individuals with exceptional skills. This visa is exempted from the job offer and labor certification requirements.
How Can I Apply For An EB-2 Visa?
- Advanced-degree or extraordinary ability applications must be accompanied by an individual labor certification from the Department of Labor on Form ETA-750. Depending on the subcategory, other required documents might be… 1. A permanent job offer. 2. Evidence showing full-time employment. 3. Academic transcripts showing advanced degrees from the US or a foreign equiv…
Benefits of The EB-2 Visa
- This visa will allow you to obtain legal and permanent residency in the United States. In addition, you are eligible to apply for U.S. citizenship in the future. By becoming a permanent resident, you will have access to benefits such as ease of travel and immigration stability. If you believe that you meet these requirements and would like more inf...