The EB2 Visa, otherwise known as the EB2 Green Card, is an employment-based second preference visa that grants permanent resident status to international citizens. To be eligible for this visa you must possess a master’s or doctoral degree and provide evidence of your “exceptional ability” in a particular area – proving that you possess great expertise within your domain.
Each year, the U.S. allows a certain amount of foreign workers to become permanent residents through employment-based visas so that our nation can take advantage of their invaluable contributions and benefit from them in the job market. These immigration permits enable immigrants to stay in the country for as long as they work or provide valuable services — creating more opportunities for everyone!
The EB-2A visa is exclusively intended for foreign applicants who have achieved an advanced degree. This form of the EB-2 green card applies to individuals with a higher education than a US bachelor’s degree, such as master’s or doctoral degrees (or international equivalents).
The EB-2A visa program is ideal for foreign nationals who possess a Bachelor’s degree and demonstrate five years of progressive experience in the desired field. To qualify, applicants must provide proof of their degree or equivalent, along with attested letters from employers to verify at least five years of relevant work history that can be deemed “progressive” by the U.S. Citizenship and Immigration Services (USCIS). This will allow USCIS to consider it comparable to a Master’s Degree or other advanced credentialing attainments.
If foreign worker desires to obtain employment in the United States, they must first acquire approval from The U.S. Department of Labor’s (DOL) Foreign Labor Certification Process regardless if their educational background contains an advanced degree or merely holds five years of experience with a bachelor’s degree.
The Department of Labor’s (DOL) Foreign Certification Process requires an employer to attest that the hiring of a foreign worker is necessary. If DOL grants this certification, then the employer must petition Citizenship and Immigration Services for their employment visa. Without such sponsorship from an employer, it is impossible for individuals to obtain labor certification and therefore, they are not eligible for EB-2 green cards.
Are you looking to apply for an EB-2B Visa? To prove your eligibility, it is necessary that you showcase your expertise in the field of sciences, art, or business. This ‘exceptional ability’ means going above what is typically encountered within those arenas. You can demonstrate such prowess by meeting at least three of the following criteria:
Have you completed a college, university, or other academic program related to your area of proficiency? If so, evidence that shows the degree earned and its corresponding diploma or certificate is needed for official recognition.
Ten years of proof demonstrating full-time professional experience in the corresponding field is required to be submitted via letters.
Obtaining a license or certification for your profession is essential to ensuring that you are qualified and authorized to pursue the trade of your choice.
Demonstrative of your outstanding ability, evidence that you have received payment for services rendered is necessary.
Acknowledge your accomplishments and hard work in your industry or field by being distinguished with awards from colleagues, government agencies, professional bodies, and business organizations.
Any other proof of qualification that is equivalent
Applying for an EB-2 visa is a demanding process, requiring the applicant to have a job offer and labor certification. However, there is another option: National Interest Waiver (NIW). NIW permits applicants to bypass the employment requirement if they can show that their permanent residency would be of national benefit to the United States. According to official regulations stated in The Immigration Act of 1990, “national interest” must meet higher standards than merely demonstrating potential advantages.
If you have extraordinary abilities and your employees in the United States would be tremendously advantageous to our country, then you may request that a Labor Certification waiver be granted. To acquire this waiver, an individual must demonstrate how granting it is beneficial for the nation-providing evidence of either an advanced degree or remarkable skill set as well as satisfying National Waiver criteria:
This venture boasts tremendous potential and immense national significance.
The applicant is perfectly positioned to excel in the proposed venture.
Waiving the labor certification and job offer requirements would immensely benefit the United States.
Are you curious about the procedure for obtaining these visas?
Each year, the U.S. distributes an array of employment-based green cards for foreign citizens, with a staggering 40,000 reserved for EB-2 applicants alone! Applying is free of charge and can be done within minutes – although it typically takes 6 to 8 months before you hear back from the Department Of Labor regarding your certification status.
The next move to obtain your green card involves the submission of an I-140 petition, costing $700 by check or money order to the closest USCIS regional service center. Once it is submitted, USCIS will analyze and determine whether they should approve it. Although processing times may vary from case to case, a decision notice typically arrives within 3 months at most. However, bear in mind that just because an I-140 is accepted does not immediately alter your immigration status yet.
Submitting an I-485 form to apply for permanent residence comes with a cost of between $750-$1,225 depending on the applicant’s age. To expedite this process, those who are applying through employment can file an I-485 simultaneously along with their I-140 and supporting documentation; however, it is still estimated that approval may take anywhere from 8 to 14 months.
What should you expect during your Interview?
In order to obtain the EB2 visa, which grants permanent residency in the United States of America, you will be required to partake in a face-to-face interview at either your local U.S. Embassy or Consulate. If you are already residing within the country when filling out paperwork for it, then instead you should go to your closest USCIS field office.
During this interview, the USCIS officer will bring you to a private area and ask for your right hand. By raising it, you pledge that all of the information provided is truthful. Then they’ll request identification with a photo in order to verify your identity before delving into their list of questions. The inquiries are typically determined at random but may include anything related to background history, job qualifications, specifics concerning employment offers found within the United States, and details about potential employers.
If the immigration official is pleased with your responses, you can expect approval of your visa. Your dependents must also be present for an interview unless they are 14 years old or younger–in which case the interview will not be necessary. When interviewing alongside your spouse or children, the officer may ask personal questions like: how long have you and your partner been married? Where were your kids born? These inquiries are intended to verify that a bona fide relationship exists between all persons being interviewed. Don’t be intimidated – this meeting is more light-hearted than one might imagine!
How does Arvian Immigration Law Firm help you?
Let us assist you in finding success with your EB2 Visa process. Our team of experts is dedicated to providing the highest quality service to ensure that your application runs as smoothly and quickly as possible. With our extensive knowledge and resources, we are confident that we can help make sure all paperwork is properly submitted for approval.
Annually, the amount of foreign nationals hoping to obtain an EB2 Green Card is incredibly high. With this visa offering a convenient path to permanent residency, the USCIS only approves select pertinent requests. Therefore, it is recommended that you seek advice from an experienced immigration attorney in order to maximize your chances for success.
At Arvian Immigration Law Firm, you can get the highest quality services from our most experienced attorneys. We will examine your case and verify if you meet the criteria for “exceptional ability” in order to gain a Green Card. Additionally, we will evaluate whether the documents submitted are adequate and need translations into English. Moreover, we guarantee that all preparation steps necessary for an interview go smoothly! Contact us today to start your legal immigration journey with confidence!
Take the First Step Toward Your Dream – Contact an Immigration Attorney Today!
Attempting to travel through the employment-based visa process in the United States can be daunting without a proficient understanding of immigration law. As there are numerous intricate details that should not go unnoticed, Arvian Immigration Law Firm is here for you! Our team boasts combinatorial years of expertise in aiding both employers and foreign workers throughout this challenging application procedure. For your assurance and security, contact one of our members as soon as possible; don’t wait any longer to minimize risk – connect with us today!