How We Can Help With Your EB-2 Visa
by Admin
Posted on 11-10-2023 12:41 PM
Every year a certain number of visas are issued by the immigration and nationality act. The authorized number of these employment-based immigrant visas is 140,000 annually. Uscis requires the petitioners filing for employment-based permanent residence to submit form i-140. The eb visa is divided into 5 categories: eb-1 , eb-2 , eb-3 , eb-4, and eb-5. This article delves deep into the eb-2 visa which is regarded as the second preference visa.
Professionals holding advanced university degrees, and persons of exceptional ability in the sciences, arts, or business. To obtain an approved eb-2 visa of either sort, the foreign national must have a job offer and an approved perm labor certification. (however, if a foreign national qualifies under the second way described above, based on exceptional ability, that person may obtain what's called a national interest waiver, in which case a labor certification and job offer will not be required. ).
The eb-2 is officially known as the employment-based second preference visa. The eb-2 is not a green card, but it does get you on track to obtain a green card.
Additional EB-2 Visa Requirements
For an ordinary eb2 case, a u. S.
Employer needs to act as the case petitioner. The petitioner (employer) must obtain a labor certificate before filing form i-140 for the foreign national. The foreign national is called the “beneficiary. ” in addition, the petition needs to establish the qualifications of the foreign national (an individual with an advanced degree or exceptional ability). Finally, the foreign national can self-petition the case for an eb2 niw case. The petition needs to establish the foreign national’s qualifications under eb2 and demonstrate that the qualifications satisfy the national interest waiver requirements (three-prong test in the matter of dhanasar decision).
Determining when to ask your employer to sponsor you for a green card involves the right timing. However, in many cases, if you wait too long or postpone the process you may confront additional and unwanted delays. On the other hand, employers may hesitate with this request because oftentimes foreign workers leave their place of work after receiving approval for their green card. Eb-2 and eb-3 visas are quite popular options for green cards.
Once the priority date becomes current, how long does it take to get a green card?
To obtain an niw green card, you must file, and receive approval of, an i-140 immigrant petition and an i-485 adjustment of status application. There are two application filing strategies available, concurrent filing or separate filing. Concurrent filing: if you have a strong niw profile, you can choose to file your i-140 immigrant petition and i-485 adjustment of status application together (also called "concurrent filing"). Note: your eb-2 priority date must be current to file your i-485 adjustment of status application together with your niw i-140. Thus, if you were born in india or china, you cannot do a concurrent filing since eb-2 priority dates for india and china typically are not current in the u.
The eb-1a visa is seen as a particularly desirable green card because: eb-1a visa priority dates are "current," which means the wait can be a lot shorter than for other green cards. It is also unnecessary to go through the perm process (where the department of labor would need to establish that existing u. S. -based workers could fill the same position). The spouse and any minor children of the green card holder may also be eligible for admissio n into the united states under e-14 or e-15 immigrant status. For these reasons, eb-1a visa applications are subject to strict scrutiny, and they are among the most difficult visas to obtain.
Foreign professionals with an advanced university degrees (masters degree or higher) and with a job offer from a u. S. Company foreign nationals with exceptional ability in the sciences, business or arts and with a job offer from a u. S. Company u. S. Companies to sponsor the green card application for foreign professionals holding advanced university degrees, or persons with exceptional ability in the sciences, business, or arts universities to sponsor the green card application for foreign national professors and researchers of exceptional ability immediate family members of eb2 green card applicants.
At a glance: the eb2 visa, also known as the eb2 green card, is available for individuals with advanced degrees or exceptional ability in fields like medicine, arts, athletics, or business. It offers a pathway to permanent u. S. Residence. Eligibility criteria include advanced degrees, exceptional ability, or a national interest waiver. Hiring an immigration attorney is recommended due to the scrutiny involved. Family members may also be eligible. Fees vary, and processing time can range from 18 months to several years based on individual circumstances and country of origin. There are many people who are looking to move to the u.