Corporations / Employees
EB-2 Advanced Degree
One of the common ways in which educated foreign workers get employment-based green cards in the US is by EB-2 category. 28.6% of the worldwide visa plus unused first preference visas are solely reserved for the EB2 advanced degree preference category. Given the more stringent education requirements, there is not much backlog and therefore more preferable for qualified individuals, except for citizens of certain countries where the number of applicants is far more than the number of visas available.
Eligibility for EB2 Advanced Degree VisaTo qualify for an EB2 Advanced degree, you need to have an advanced degree like a Master’s, JD or law degree, Ph.D., or an MD. or its equivalent, which is a bachelor’s degree plus 5 years of progressive work experience in a particular field.
Before you can apply for an EB2 visa, the US employer offering the job must seek labor certification which is a confirmation from the DOL that the employer tried hard to find a qualified American worker, but did not find any suitable candidate. Thus, necessitating that the employer turns to foreign sources of labor.
You must show exceptional ability in the science or business or arts that will greatly benefit the economy of the US, welfare, or cultural or educational interests.
WaiverYou can request to waive the labor certification because it is in the interest of the US. You are eligible to file a waiver application on your behalf. The USCIS will review the evidence submitted to determine whether you have satisfied the three criteria and that it is truly in the best interest of the US to grant the waiver. This is also called National Interest Waiver. Call Rijal Law Firm today and get your profile assessment by our experienced NIW attorneys.
EB2 Application ProcessThe sponsoring employer has to follow the entire process of PERM as specified by the Department of Labor. The entire process takes anywhere between 8-12 months. Once the PERM/ ETA 9089 has been certified by the Department of Labor, the employer can request the attorney to initiate the process of Green Card.
File the Form I-140, Immigrant Petition for Alien Workers
Pay the filing fee if applicable
Provide the necessary supporting documents
The usual processing time for I 140 is around 4-6 months but there is also an option to Request for Premium Processing (Form I 907). You can either request a premium process at the time of initial filling or file it later until your case is adjudicated. After you file Form I-140 you will receive a receipt notice which means USCIS has accepted your application and has started working on it.
The process to apply for the EB-2 visa is complex and involves successfully complying with numerous bureaucratic requirements, in a time-sensitive manner. Only an experienced EB2 attorney can help complete the paperwork and get things moving faster.
One primary benefit of obtaining a green card under the EB-2 category is that the process is really fast because only a few people can meet the qualifications for this category than for the others. Having an immigration attorney do the process ensures that it is fast and error-free. The attorney will ensure that the necessary documents are submitted to make the visa approval process real fast. Incorrect or incomplete applications may result in USCIS sending you an RFE, NOID or even worse, a Notice to Revoke. It is extremely important to consult an attorney to avoid these hassles.
If you hold an Advanced degree and a full time job offer, Contact Rijal Law Firm today and put your first step towards US Permanent Residency.