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what is eb2 visa in usa

by Dr. Keagan Franecki IV Published 2 years ago Updated 2 years ago
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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.Feb 24, 2022

What is an EB2 green card?

EB2 Visa (Green Card) The EB2 Visa (or EB2 Green Card) is for Employment-Based “Exceptional” Ability or Advanced Degree Permanent Residence (Second Preference). This US visa is available to two main types of applicant: Members of professions who hold an advanced degree (or equivalent),

Who can apply for an EB2 visa?

The EB2 visa is reserved for professionals who hold an advanced degree, or for those who can otherwise prove exceptional ability in their particular area. Here “exceptional” must be shown to be significantly above the normal range. What is EB2 visa?

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.

What is an E-2 visa in the US?

Fluent in Spanish, French & Amharic. 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.

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Who qualifies EB2?

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).

Is EB2 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.

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.

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.

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.

How long is EB2 process?

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).

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.

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.

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.

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.

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.

What is difference between EB2 and 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 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.

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.

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 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.

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 EB2 Suitability for Athletes?

The EB-2 visa is an interesting green card because it lists a wide range of things in which you can have “exceptional ability”, which includes entertainment but does not happen to include athletic or sporting ability. While at least one case has been won claiming that athletics can be classed as entertainment, but that is only likely to apply to televized sports. There are multiple criteria to fulfil, but these are not directly applicable to athletic or sporting activities. However it may be possible to use the “comparable evidence” category.

What does an agent have to do with a visa?

The agent must have a contract with the direct employer to represent them for the purposes of the visa petition and the agent would take on certain liabilities and responsibilities with regard to immigration status. See the video below for more details on this scenario.

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 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.

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