What Is An Eb 2 Visa

Interpreting Eb Preference Categories

Knowing the EB preference category and the I-140 petition priority date is critical to understanding an applicants immigration situation. This important information can be found on the I-140 receipt notices and approval notices. These forms are understandably difficult to read. Keep in mind that the section for EB-2 ends in two and that section EB-3 ends in three. However, if the Roman numeral appears next to the number, this signifies there are other workers involved.

What Are The Eb

There are many fees which both the US employer and the foreign worker must pay for the EB-2 visa. The amounts vary and are decided by the DOL, USCIS, and the US Embassy in the country you are applying from. In general, your employer and you will have to pay the following fees:

• DOL Labor Certification fee
• USCIS Form I-140 petition filing fee
• Form DS-261 processing fee
• Medical examination fees
• Fees to obtain supporting documents
• Any translation fees from foreign language to English

What Is A Priority Date

A priority date is the date at which a petitioner or potential immigrant to the United States has indicated their interest in obtaining a visa to the USCIS. The date is assigned once the USCIS approves of the immigration petition. Priority dates act as a queuing system for applicants due to the sheer amount the U.S. receives each year.

Historically, the popularity and appeal of the EB-2 Visa stems from two major factors. Since the priority date depends on the queue of the applicants, the wait time is usually shorter than other paths to permanent residency.

However, EB-2 visas also have disadvantages that have become more apparent in recent years. Firstly, processing time has increased with an increasing number of applicants. Secondly, EB2 visa is subject to the PERM process mandated by the Department of Labor. PERM process involves the U.S. Department of Labor evaluating if the position of the applicant can be fulfilled by a U.S. citizen with similar credentials. In order for an employer to sponsor a foreign worker through an EB-2 visa, the employer must undergo a PERM labor certification. Once certified, the employer must openly advertise for the vacant position within the company for each EB-2 visa sponsorship. The employer must disclose the job responsibilities as well as salary information.

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How Can I Apply For An Eb

The EB-2 makes it mandatory for the petitioners to go through the PERM process, the labor certification process, and the application for the immigrant visa. The PERM process is an interaction between the U.S. employer and the Department of Labor after the former has selected an individual whom they deem fit to be hired based on their qualifications and eligibility. This step will allow the individual to obtain the labor certificate, which implies that there is employment-based work in the U.S. that no one else can perform. The fulfillment of this entire process may take some time, generally around 2 to 4 months. At this point, it will be advisable to hire a competent immigration attorney who knows the ins and outs of the process so everything is done without a hitch.

The second step is the immigrant petition which can take about 6-9 months. While the U.S. employer is usually the one to finish this step, for those who are self-petitioning under the ambit of NIW, the applicant can complete this step.

In the labor certification process, the authorities, specifically the U.S. Department of Labor , will survey the market and ensure that there are no U.S. employees that are qualified for the position. However, the National Interest Waiver is exempted from this process.

The process of applying for an EB-2 Visa varies from type to type. You will be required to gather the following documents to get the ball rolling.

Eligibility To Waive Perm Labor Certification

Additionally, you dont need to undergo the PERM Labor Certification process to qualify for an EB-1. The PERM process can sometimes be cumbersome and lengthyit may take around four to six months for the DOL to process. And if your case receives an audit review notice, this can make the process even longer. So, qualifying for an EB-1 will significantly expedite the entire green card process.

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Q Which Should I Go For Between The Eb

The answer will depend on which green card you qualify for the most. Note that the two categories are completely different visas. Each has its own peculiarities. It must also be noted that the overall approval rate of EB-1 appears to be lower. This perhaps is the reason why many people choose an NIW over EB-1 even when they have the credentials that may qualify for both.

But if you are still not sure which to settle for, you can file both the NIW and EB-1 concurrently. The USCIS allows applicants to submit petitions for the two visas at the same time if you meet the criteria for both. This will actually be an opportunity to improve the likelihood of getting an approval from at least one of the two categories. As a matter of fact, it is possible to receive approvals from the two petitions. But then, you should weigh your options clearly and make an informed decision.

What If My Niw Is Denied

Like anything else in immigration law, there is always the possibility that your petition will not be approved. If youve experienced an NIW denial or are looking to avoid it, here are some common reasons:

• Filing too much evidence if you bog your case down with excessive documents, your evaluating officer will likely miss the more important evidence.
• Not advocating your case well remember that its not enough to simply state your qualifications. You also need to argue them in a way that makes you eligible according to the regulations.
• Poor reference letters make sure that your letters of recommendation are experts and can back up their information with facts about your work.

If your NIW was denied, you can choose to make a legal motion to reopen or reconsider your case, you can appeal to a third party , or you can consult your immigration attorney to see if there is another green card option available to you. In any case, you dont want to take any legal action against the evaluating officer without an attorney to guide you.

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E2 Treaty Investor Visa

The E-2 nonimmigrant classification allows a national of a treaty country 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.

To qualify for E2 visa classification, the treaty investor must:

• Be a national of a country with which the United States maintains a treaty of commerce and navigation. List of US Treaty countries.
• Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the US.
• Be seeking to enter the US solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

How Old Is The E

This type of visa is one of the oldest in America. Its roots go all the way back to a treaty signed at the end of the War of 1812. The details have changed over the years, but the premise remains the same.

The American government wants to encourage commerce. One of the best ways to do this is by offering strong incentives to foreign investors. The E-2 visa lets someone come to the United States and run a business.

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Eb2 Green Card Through An Advanced Degree

To get an EB2 Green Card through your Advanced Degree, you need a job offer from a U.S. employer. The job offer must be for a type of job that requires an advanced degree . Alternatively, an employer may require that you have a bachelors degree plus five years experience in a field related to the position.

Once you have a job offer, the U.S. employer must advertise the offer to the general public. The requirement makes sure there are no U.S. workers that the employer could hire. In other words, the U.S. government does not want to give you an EB2 green card to work a job for which a U.S. worker could be hired. Thus, the U.S. employer must ask the U.S. Department of Labor to certify that it properly advertised and recruited U.S. workers.

Once the U.S. employer obtains certification from the Department of Labor, you can apply to USCIS for your EB2 Green Card. To qualify, you provide an academic record showing you have the advanced degree for the position listed in your job offer. Additionally, you must meet any other requirements for the position.

Alternatively, you may show you have the required bachelors degree plus five years relevant experience. To show you have this experience, youll have to present letters from former employers.

What Are The Three Steps To Getting An Eb

Now that you know what category you fall into, there are three more steps to getting your EB-2 visa.

• PERM/Labor Certification. This stands for Program for Electronic Review Management. Your employer will need to show proof that you are not taking away a job from a US worker. This can be accomplished by showing proof that the employer was unable to recruit someone local to fill the position
• I-140 Immigration Petition. This is filed by the employer and proves they are able to pay your wage. It also proves that you meet all the job requirements.
• I-485 Application to Adjust Status. After the previous two steps are complete, the last step is to apply to become a permanent resident of the US. You can do this by filling our Form I-485, which can be found here:

On average, it takes six months to process Form I-140. If the US government requires that you go through PERM Labor Certification, it can take longer. In some cases, it can take up to two years. The good news is, you can speed up the process with premium processing. The fee is US$1,225 but instead of six months to process the I-140 it will take 15 days.

Its clear that this process can be very long. A lot depends on your eligibility and the country you are applying from.

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Complete And Submit Form I

After receiving notice that your PERM labor certification is approved, the petitioner needs to submit Form I-140. This should be filed with US Citizenship and Immigration Services . The appropriate USCIS service center will depend on the location of the employer.

Along with Form I-140, you should submit all filing fees and other relevant documents. Filing fees will be discussed in Section 6: What fees are required for an EB2 visa?. Relevant documents will be discussed in Section 5: What documents are required for an EB2 visa?.

What Is The Eb2 Visa

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. 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. This means that 28.6% of total employment-based visas will be allocated for EB2 visas. You should be aware that even with this, there will be more visa applicants than visas available each 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. There is no advantage to applying for an EB2 visa at a specific time of year. EB2 visas are granted each month. Therefore, unlike other visas such as the H-1B where you must apply on a specific date, you can apply for an EB2 visa at any time.

More information about each of these categories, and the EB2 visa overall, will be discussed later in this guide. Additionally, my team and I would be happy to answer any other questions about the EB2 visa.

There are many benefits to the EB2 visa. Here are just a few:

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Can A Canadian Apply For An E

The dilemma with the E-2 visa is whether to risk investing in a business without any assurances of getting the visa. Youre asking why should you invest the money when theres no guarantee of a visa? However, the U.S. Consulate is asking why should we give you a visa if you havent invested any money? Spoiler alert: the Consulate wins.

Using The Eb1 And Eb2 Preference Categories As An Investor Or Entrepreneur

Certain investors and entrepreneurs may be eligible to use the first preference or second preference employment immigration categories to meet their immigration goals. For those businesspeople who meet the eligibility requirements, the EB1 and EB2 categories are very attractive due to the EB1 category not requiring labor certification and the EB2 category having a national interest waiver from the labor certification requirement. This article will explain the special considerations for such businesspeople who are considering applying under the EB1 or EB2 categories.

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Eb3 Labor Certification Process

The EB-3 requires that the petition go through the PERM Labor Certification process.

The PERM Labor Certification process is where the U.S. Department of Labor requires the employer to test the market to prove there are no willing or qualified U.S. workers for the position.

It is critical that the employer conducts and records all actions taken during the recruitment component of the labor certification process and that it can be advised and understand best methods from an experienced Immigration law firm like Velie Law Firm.

In some cases the petition, may be submitted directly to USCIS without a labor certification, for Schedule A, Group I cases.

Contact An Immigration Attorney Today

Navigating the employment-based visa process in the U.S. is not easy to do without extensive knowledge of immigration law. There are a multitude of specific details that need to be addressed and can be easily overlooked without the guidance of counsel. The immigration lawyers at Scott D. Pollock and Associates, P.C. have decades of combined experience in helping guide both employers and foreign workers through this complex application process. Reach out as soon as possible to minimize potential risks. Contact a member of our team today 312.444.1940.

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What Professions Qualify For The Eb2 National Interest Waiver

EB-2 visas are a second preference employment visa. Many foreign nationals find these visas attractive, as they are a path to permanent residency, allow them to bring their spouse and children to the United States, and can be obtained relatively quickly. However, a standard EB-2 visa requires a job offer from a U.S.-based employer. This employer must file the petition on behalf of the foreign national and undergo the Labor Certification process. As an alternative, many foreign nationals choose to self-petition through the EB-2 National Interest Waiver process.

How Long Does It Take To Put Together An Eb

It depends. Compiling the paperwork for an EB-2 NIW application can take anywhere from several weeks to several months, depending on the circumstances. An exceptional ability applicant might have to spend a few months tracking down the necessary evidence. But someone petitioning under the advanced degree category may only need a few weeks to obtain their diploma and transcript.

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J1 Exchange Visitor Visa

The exchange visitor J-1 visa classification is authorized for those who intend to participate in an approved program for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training.

In carrying out the responsibilities of the Exchange Visitor Program, the Department of State designates public and private entities to act as exchange sponsors. J 1 visa nonimmigrants are therefore sponsored by an exchange program that is designated as such by the US Department of State. These programs are designed to promote the interchange or persons, knowledge, and skills, in the fields of education, arts, and science.

Examples of exchange visitors include, but are not limited to:

• Professors, scholars, teachers & research assistants
• Students & Trainees
• Nannies/Au pairs
• Camp counselors

Some J1 visa nonimmigrants enter the US specifically to work while others do not. Employment is authorized for J-1 nonimmigrants only under the terms of the exchange program. The sponsoring agency would provide information on any restrictions that may apply to working in the US.

Your spouse and unmarried children under 21 years of age, regardless of nationality, are entitled to J2 visa classification. Your spouse and children are entitled to work authorization however, their income may not be used to support you. Dept of State J-1 visa site

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Other Types Of Employment Based Visas

The employment visas are denoted with the letter E and are of 5 types:

• EB-1 Visa or First Priority Workers Visa is for outstanding professors, researchers, people with extraordinary abilities in arts, science, business, athletics, or education, as well as executive managers who have worked at a foreign branch of a US company for the past 3 years
• EB-2 Visa or Second Priority Workers Visa is for professionals with advanced degrees and people with extraordinary abilities in arts, sciences, or business.
• EB-3 Visa or Third Priority Workers Visa is for skilled workers with more than 2 years of experience, professionals with a higher education degree, or unskilled workers with less than 2 years of experience .

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