If you apply for an EB2 visa, you can be approved to live and work in the U.S. if you have an outstanding education or notable skills in your line of work. The EB-2 visa is an employment-based immigrant visa category that allows foreign nationals with advanced degrees or exceptional ability in their field to obtain permanent residency in the United States. This visa category is designed to attract highly skilled workers to the United States and to help fill shortages in certain industries.
EB2 Visa Application Process
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Obtain a Job Offer
You must have a job offer from a U.S. employer in your field of expertise. The employer must file a labor certification application with the U.S. Department of Labor (DOL) to demonstrate that no qualified U.S. workers are available for the position.
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Check Eligibility
You must meet the eligibility criteria for the EB-2 visa category, which includes having an advanced degree or its equivalent or exceptional ability in your field.
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File Form I-140
Your employer must file Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). This form must include documentation that demonstrates your eligibility for the EB-2 visa.
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Wait for Processing
USCIS will process your Form I-140 and determine your eligibility for the EB-2 visa. This process can take several months or longer, depending on the USCIS processing times.
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Apply for Adjustment of Status or Consular Processing
Once your Form I-140 is approved, you can apply for Adjustment of Status (if you are in the United States) or Consular Processing (if you are outside the United States) to obtain your immigrant visa and obtain permanent residency in the United States.
It is important to note that the EB-2 visa application process can be complex and time-consuming, and it is recommended that you seek the assistance of an experienced immigration attorney to guide you through the process and ensure that your application is as strong as possible.
Key Considerations When Applying for EB2 Visa
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Check Eligibility
You must meet the eligibility criteria for the EB-2 visa, which includes having an advanced degree or its equivalent in your field or exceptional ability in your field. Review the eligibility requirements carefully and confirm that you meet the necessary criteria before applying.
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Have a Strong Job Offer
You must have a job offer from a U.S. employer in your field of expertise. The employer must file a labor certification application with the U.S. Department of Labor (DOL) to demonstrate that no qualified U.S. workers are available for the position. Ensure you have a strong job offer from a reputable employer and that they can file the necessary paperwork.
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Gather Supporting Documents
You must provide supporting documents to demonstrate your eligibility for the EB-2 visa, such as diplomas, transcripts, letters of recommendation, and evidence of exceptional ability. Make sure you have all the necessary documents and that they are properly translated into English.
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File the Application Correctly
The EB-2 visa application process can be complex, and it is important to apply correctly to avoid delays or denials. Consider working with an experienced immigration attorney to guide you through the process and ensure your application is as strong as possible.
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Be Prepared for a Lengthy Process
The EB-2 visa application process can take several months or longer, and it is important to be prepared for it. Ensure you have all the necessary documentation and are prepared to wait for the application to be processed.
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Tips for a Successful EB2 Visa Application
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Start Early
It's essential to start the application process as early as possible because there can be delays in obtaining the necessary documents and evidence.
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Gather Evidence
You must provide evidence of your advanced degree, exceptional ability, or work experience. This includes educational transcripts, letters of recommendation, and relevant work experience.
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Work with an Experienced Attorney
An experienced immigration attorney can help you navigate the complex application process, ensure all the necessary documents are submitted and guide any questions.
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Be Clear and Consistent
Ensure all the information you provide is accurate and consistent. Any inconsistencies or discrepancies can raise red flags and potentially result in your application being denied.
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Prepare for the Interview
If your application is approved, you must attend an interview with a consular officer. Be prepared to answer questions about your background, education, work experience, and intentions for staying in the United States.
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Demonstrate Your Intentions
You must demonstrate that you intend to work in your field of expertise in the United States. Be prepared to explain your long-term plans and how your employment in the United States will benefit your career.
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Be Patient
The EB-2 visa application process can take several months, and there may be delays along the way. Stay patient and be prepared to wait for your application to be processed.
Remember, the EB-2 visa is highly competitive, and a limited number of visas are available each year. Therefore, it's essential to put together a strong application and present yourself as a highly qualified candidate.
Key Terms for EB2 Visas
- Advanced Degree: This refers to a degree beyond a Bachelor's degree, such as a Master's or Doctorate.
- Exceptional Ability: This refers to a level of expertise significantly above average in a particular field. To qualify for an EB2 visa based on exceptional ability, you must provide evidence of at least three criteria: academic degree, professional license, publications, conference presentations, awards, membership in professional associations, and evidence of significant contributions to the field.
- Labor Certification: This is a process that requires your employer to obtain certification from the U.S. Department of Labor, which confirms that there are no qualified U.S. workers available for the job you are being offered and that hiring you will not adversely affect the wages and working conditions of U.S. workers in similar jobs.
- Priority Date: This is the date that the U.S. Citizenship and Immigration Services (USCIS) receives your petition. The priority date is used to determine your place in the queue for visa processing.
- National Interest Waiver: This is a waiver of the job offer and labor certification requirements for the EB2 visa. To qualify for a National Interest Waiver, you must demonstrate that your work is in the national interest of the United States and that you have exceptional ability in your field.
Final Thoughts on EB2 Visas
Applying for an EB2 visa can be complex and time-consuming, but with the right preparation and guidance, you can increase your chances of success. Start early, gather all the necessary evidence, work with an experienced immigration attorney, and be clear and consistent in your application.
Demonstrate your intentions to work in your field of expertise in the United States, and be patient throughout the process. Remember that the EB2 visa is highly competitive, and a limited number of visas are available each year, so presenting yourself as a highly qualified candidate is essential.
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