Employment-Based Immigration: Second Preference EB-2
by Admin
Posted on 01-01-2024 11:33 AM
Employment-based visa for the united states
eb-2 is an immigrant visa preference category for united states employment-based permanent residency , created by the immigration act of 1990. The category includes "members of the professions holding advanced degrees or their equivalent", and "individuals who because of their exceptional ability in the sciences, arts, or business will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the united states, and whose services in the sciences, arts, professions, or business are sought by an employer in the united states".
Applicants (with the exception of applicants applying for an exemption known as national interest waiver) must generally have an approved labor certification , a job offer, and their employer must have filed an immigrant petition for alien worker ( form i-140 ) with the uscis.
Employment-based immigration – second preference ( eb2 ) we receive many calls and emails from clients asking about eb2 eligibility. The desire for this advanced category is great due to the general faster permanent residency processing under eb2 category as opposed to eb3 (see visa bulletin. ) in order to potentially qualify for eb2, the following requirements must be addressed. The eb2 classification includes aliens who are "members of the professions holding advanced degrees or their equivalent" and aliens "who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the united states.
A national interest waiver (niw) petition falls into the employment-based immigration, second preference (eb2) category (as known as eb2 niw). Normally, a permanent job offer and an approved labor certification are pre-requisites to file an employment-based, second preference immigration petition. However, a national interest waiver (niw) petition requests that the labor certification requirement be waived for the sake of the “national interest of the united states;” thus, allowing an applicant to apply for an niw immigration petition without a labor certification or a job offer from a u. S. Employer. First, in order to be eligible to file an niw petition, a beneficiary or applicant must have an “advanced degree” or “exceptional ability”.
Family of EB-2 Visa Holders
The final step once your i-140 is approved is to apply to adjust status to become a green card holder.
If you are already in the us, you may file at your local uscis office. If you are still abroad at the time, you may apply at the us embassy in your home country. In this step, you will attend a final interview where the immigration official will make a final decision on whether you should be issued an eb-2 visa. After a final approval, you may travel to the us and begin your employment. Don’t worry—family of eb-2 visa holders may be admitted to the us, too.
An niw is a way for foreign applicants to obtain a green card in the united states without a sponsor (employer), in order to continue working in their field. This is especially beneficial to those whose work benefits the u. S. Economy, the health or educational systems, science, business, or technology – though athletes are also eligible. The criteria for receiving a national interest waiver is quite strict, as applicants must prove that the work in their field benefits the u. S. According to the united states citizenship and immigration services (uscis) website , applicants must satisfy each areas of the following three-prong test:.