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An EB2 visa permits foreign professionals with advanced degrees or extraordinary abilities in certain fields to work and live indefinitely in the United States. This visa category is one of the employment-based visas made available by the U.S. government. It grants recipients permanent resident status and unrestricted access to life in and working in the U.S.

Moreover, for foreign nationals who desire to advance their careers in the U.S. and gain the advantages of permanent residency, the EB-2 visa is a fantastic choice. However, candidates must follow particular qualifying conditions, and the application procedure for an EB-2 visa can be challenging.

Key Points of the EB-2 Visa

  • Foreign professionals can permanently reside and work in the U.S. with an EB-2 visa.
  • It falls under the category of an employment-based visa and is designed for people with extraordinary talent or advanced degrees in particular fields.
  • Foreign nationals who meet particular eligibility requirements and have a work offer from a U.S. firm are eligible for the EB-2 visa.
  • For foreign professionals who want to live and work permanently in the U.S., the EB-2 visa is a popular choice. It is an employment-based visa, which means that to apply, you must have an offer of employment from a U.S. firm.
  • Those with extraordinary skills or advanced degrees in sectors like science, the arts, business, or engineering are eligible for the EB-2 visa.
  • Each employment-based class, including EB-2 visas, receives a set number of visas yearly from the U.S. government. Once granted, the visa holder and any dependents may reside and work in the U.S. permanently, travel unrestrictedly outside the country, and enter and exit the country multiple times without obtaining a new visa.

Eligibility Criteria for the EB-2 Visa

  • Possess an advanced degree (Master's or above) in their area of specialization from a U.S. university with academic standing or the equivalent qualification from a foreign country.
  • Possess outstanding talent in the arts, sciences, or business, as evidenced by a wealth of accomplishments documentation.
  • Possess an offer to work in a medically underserved area of the U.S. and be a physician who has completed a residency program there.
  • The candidate must hold an advanced degree in their specialization, such as a Master's or higher. The diploma must be obtained from a U.S. university with an accredited or international equivalent.
  • The candidate must have a remarkable talent in the arts, sciences, or business, as proven by thorough documentation of their accomplishments.
  • A candidate might be eligible for a National Interest Waiver (NIW) in particular circumstances, eliminating the need for a job offer and labor certification. The applicant must show that their work in the U.S. would materially advance U.S. national interest to be eligible for an NIW.
  • They must meet the requirements for extraordinary skill and work in a field with a high degree of intrinsic value.
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Benefits of the EB-2 Visa

  • The permanent residency designation provided by the EB-2 visa allows for indefinite residence and employment in the U.S.
  • Also, the bearer of the visa can leave the country and return without needing a new visa.
  • The spouse and unmarried children under 21 who are not adults may also travel to the U.S. with the visa holder and may be granted dependent visas.
  • Once granted, the bearer of an EB-2 visa and any dependents may reside and work continuously in the U.S. without having to reapply.
  • The EB-2 visa holder can apply for a green card, which provides permanent residency status without the requirement of a sponsor, after holding the visa for a predetermined amount of time.
  • As long as the position is in the same industry as the one specified on their visa application, the EB-2 visa holder can work for any firm in the U.S.
  • The bearer of the visa can leave the U.S. and return without obtaining a new visa.
  • The spouse and unmarried kids under 21 of the visa holder may also be qualified to apply for a visa to join them in the U.S.
  • The holder of an EB-2 visa can apply for U.S. citizenship after having a green card for a specific amount of time, which comes with several advantages, such as the right to vote, the use of a U.S. passport, and eligibility for particular government posts.
  • After receiving a green card, the legal immigrant may be qualified for government programs like Social Security, Medicare, and Medicaid.

How to Apply for the EB-2 Visa

  1. Obtaining a labor license from the U.S. Department of Labor is how the employer starts the procedure (DOL).
  2. On behalf of the applicant, the employer submits Form I-140 (Immigrant Petition for Alien Worker) to U.S. Citizenship and Immigration Services (USCIS).
  3. USCIS examines the application and decides whether the applicant satisfies the requirements.
  4. If the application is accepted, the applicant may go on to apply for an immigrant visa at their home country's embassy or consulate in the territory of the United States.
  5. The first step is to get a job offer from a U.S. firm ready to sponsor the candidate for the EB-2 visa. The position must fit the applicant's honors education or extraordinary skill in that subject.
  6. The hiring of a foreign worker does not harm the pay and working conditions of U.S. employees in comparable positions, according to a labor license from the U.S. Department of Labor (DOL), which attests that no competent U.S. workers are available for the post.
  7. On the candidate's behalf, the employer must submit Form I-140, Petition for Alien Worker, to U.S. Citizenship and Immigration Services (USCIS). Evidence of the applicant's credentials, such as academic credentials, career history, and accolades, must be included on the application.
  8. To be considered for a National Interest Waiver, the applicant must submit Form I-140 with evidence of their exceptional skill and how working in the U.S. will significantly advance the national interest.

Key Terms for EB2 Visas

  • Employment-Based Immigration: A category of visas that allows individuals to immigrate to the United States for employment.
  • Exceptional Ability: A term used to describe individuals with a high level of expertise in their field of work, which can be demonstrated through extensive documentation of their achievements.
  • Advanced Degree: A degree beyond a bachelor's degree, such as a master's, doctorate, or professional degree.
  • Labor Certification: A process by which an employer must demonstrate that no qualified U.S. workers are available for a particular job position before hiring a foreign worker.
  • National Interest Waiver (NIW): A provision that allows individuals to bypass the labor certification process if they can demonstrate that their work is in the national interest of the United States.

Final Thoughts on EB2 Visas

For expatriate workers who want to live and work permanently in the U.S. and have advanced degrees or extraordinary abilities in particular industries, the EB-2 visa is perfect. However, since the application procedure can be complicated, it is advised to get advice and assistance from an immigration lawyer or other approved service provider because they have advanced degrees or remarkable abilities in their industry.

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ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.

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