Employment-Based Immigration: Second Preference EB-2
by Admin
Posted on 11-10-2023 12:41 PM
Policy update- on september 12, 2023 uscis updated the manual to offer clarifying guidance on examples of evidence that may satisfy the relevant criteria for employment first-based preference applicants, as well as how uscis officers evaluate the totality of the evidence for eligibility. See the complete details in this eb-1 policy update post. So now that we know the requirements for obtaining an eb-1 green card, we can dive deeper into eb-2 to eb-1 porting.
Remember that just because you feel qualified doesn’t mean the uscis will accept your petition. Work with an immigration attorney to gather evidence and solidify your case before filing.
Ashoori law eb2 visa guide https://www. Uscis. Gov/working-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2.
The second-preference employment category (eb-2) allows foreign nationals holding advanced degrees and individuals with exceptional ability in the arts, sciences and business to get a u. S. Green card. A national interest waiver (niw) petition falls in the employment-based, or so-called “second-preference (eb-2)” immigration category. National interest waiver (niw) is a provision, which lets eb-2 green card applicants skip the intensive perm labor certification process , cutting down their green card wait time by significant amounts. Niws are usually granted to those who have exceptional ability (details provided later in the guide) and whose employment in the united states would greatly benefit the u.
Family of EB-2 Visa Holders
The eb-2 visa is an immigrant visa category designed for professionals with advanced degrees and exceptional abilities in science, arts or business. To become a holder of an eb-2 category visa, a foreign national is required to have a job offer from a u. S. Employer with an approved labor certification (lca) issued by the u. S. Department of labor (dol). The exception to this rule is if the foreign national is eligible for a national interest waiver; and in that case, he/she may self-petition. Visa holders in this category are eligible for obtaining green cards based on the performed work.
Form i-140, petition for alien worker: this is the main form required for an eb-2 visa application. The cost of form i-140 is $700. Form i-485, application to register permanent residence or adjust status: this form is required if the applicant is already in the united states and wants to adjust their status to permanent residency. The cost of form i-485 is $1,140. Form i-864, affidavit of support: this form is required to show that the applicant has sufficient financial resources to support themselves and their family while in the united states. The cost of form i-864 is $120 if the applicant fails to provided this form there case will not proceed any further.
Family members of employment-based green card applicants or beneficiaries may apply for admission to the usa in specific immigrant status categories: eb-1 green card holders your spouse and unmarried children under 21 can apply for e-14 or e-15 immigrant status. Eb-2 green card holders your spouse and unmarried children under 21 can apply for e-21 or e-22 immigrant status. Eb-3 green card holders your spouse and unmarried children under 21 can apply for e34 immigrant status (spouse of a “skilled worker” or “professional”), ew4 immigrant status (spouse of an “other worker”), e35 immigrant status (child of a “skilled worker” or “professional”) or ew5 (child of an “other worker”).
You can apply for an eb-1 visa if you have an extraordinary ability, are an outstanding professor or researcher, or show some evidence of international recognition. One example of international recognition can be a noble peace award, or the second example can be an executive or manager of a foreign company.
An eb-2 visa is an employment-based visa available to non-u. S. Citizens who possess an advanced degree or exceptional ability. An eb-2 visa holder is considered a lawful permanent resident of the united states. Before petitioning for this type of visa, the sponsor — usually the employer — will need to apply for a permanent employment (perm) certification through the department of labor, using form 9089 (officially called the “application for permanent employment certification”). It is possible, however, to bypass this prerequisite by petitioning for a national interest waiver (eb-2 niw). In this guide, we’ll provide an overview of the eb-2 visa application process.
While a job offer and sponsoring employer are requirements of the eb-1b visa, it is not necessary to go through the perm labor certification process to confirm that there is a lack of qualified american workers in your industry. This also means that, unlike the eb-1a and niw green card categories, it is not possible to self-petition for the eb-1b visa. As an employer, your company must file the petition with the united states citizenship and immigration services. To obtain an eb-1b green card, an individual must have both their i-140 petition and i-485 application for adjustment of status approved.