Who is eligible for EB2?
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 EB2 visa 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.
How long EB2 visa takes?
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 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.
What is the difference between EB2 and H1B?
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 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.
Who qualifies for EB3 visa?
EligibilityYou must be able to demonstrate at least two years of job experience or training, not of a temporary or seasonal nature. ... You must be performing work for which qualified workers are not available in the United States; and.A labor certification and a permanent, full-time job offer are required.
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. We see no change in Mexico in the EB-4 category (remains at April 1, 2020). EB-3 India and China both advance one month.
How hard is it 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.
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.
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 long is EB2 green card valid for?
10 yearsA Permanent Resident Card (USCIS Form I-551) Although some Permanent Resident Cards, commonly known as Green Cards, contain no expiration date, most are valid for 10 years. If you have been granted conditional permanent resident status, the card is valid for 2 years. It is important to keep your card up-to-date.
How hard is it 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.
What is difference between eb1 and EB2?
The EB-2 visa requirements are relatively lower than those of the EB-1, making it a more accessible option for more applicants. While the EB-1, especially the extraordinary ability subcategory, is reserved for only the individuals with the highest recognition and achievements in their fields.
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.
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 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.
What Does the EB-2 Green Card Entail?
When it comes to visas and immigration law, in order to learn what something will cost, you must first learn each step in the process to see which forms will need to be filed and the fees associated with each one.
EB-2 Green Card Cost
Now that we know the steps and the forms required for each one, we can compile the filing fees together to see what the total mandatory EB-2 green card cost will be.
Can I Get a Refund?
Unfortunately, the USCIS is not in the business of handing out refunds often. Even if your petition is denied or rejected, your EB-2 green card costs will not be returned to you. However, there are a few circumstances in which the USCIS is obligated to issue a refund. You should expect to get your payment back if the USCIS:
How VisaNation Law Group Attorneys Can Help
Are you interested in getting an EB-2? Make sure that all of your EB-2 green card costs are taken care of by retaining an immigration attorney. VisaNation Law Group lawyers are highly experienced with taking care of everything from the PERM Labor Certification to any possible Requests for Evidence. No case is too difficult to take on.
What is an EB1 visa?
EB1 visa: The EB-1 visa preference is reserved for persons of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives and managers. EB-1 criteria.
What is E-2 nonimmigrant?
The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the US maintains a treaty of commerce and navigation) to be admitted to the US when investing a substantial amount of capital in a US business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.
How many H1B visas are there?
H1-B visa quota caps are quickly used up within days of release on April 1st of each year. For 2018 Congress mandated a regular cap of 65,000 H1 B visas and a further H1B Master's Exemption cap of 20,000 visas available for Master's degree or higher applicants.
What is USCIS visa?
US Citizenship and Immigration Services (USCIS) offer a wide array of visa options, shifting requirements, eligibility and quotas for those wishing to immigrate to, work in, invest in or otherwise live in the United States. Visa options usually fall under two categories:
Can an unmarried child get an F-2 visa?
You must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate and your school must be authorized by the US government to accept international students. A students spouse and unmarried children under 21 years of age may seek admission in the F-2 visa classifica tion.
Can an EB-5 visa be used for permanent residence?
Under this program, EB-5 visa entrepreneurs (and their spouses and unmarried children under 21) are eligible to apply for a green card (permanent residence) if they:
Does a nonimmigrant visa expire?
Nonimmigrant visas for temporary stays in the US where the visa typically has an expiration date.