The EB-2 visa category is designed for professionals with advanced degrees or individuals with exceptional abilities. This visa is a popular choice for highly skilled professionals seeking permanent residency in the United States. Here, we delve into the specifics of the EB-2 visa, its requirements, and the benefits it offers.
What is the EB-2 Visa?
The EB-2 visa is an employment-based immigrant visa that allows foreign nationals with exceptional abilities or advanced degrees to obtain permanent residency in the United States. This visa category is divided into two subcategories:
Advanced Degree Professionals: This subcategory is for individuals who hold advanced degrees (master's, Ph.D., or its equivalent) or a bachelor's degree plus five years of progressive work experience in their field.
Exceptional Ability: This subcategory is for individuals who demonstrate exceptional ability in the sciences, arts, or business, significantly above that ordinarily encountered.
Eligibility Requirements
1. Advanced Degree Professionals
To qualify under this category, you must:
Possess an advanced degree or its equivalent (bachelor's degree plus five years of progressive experience).
Provide documentation, such as academic records and letters from current or former employers, to demonstrate your qualifications.
2. Exceptional Ability
To qualify under this category, you must meet at least three of the following criteria:
Official academic records showing a degree, diploma, or certificate from a college, university, or other institution of learning relating to your area of exceptional ability.
Letters documenting at least ten years of full-time experience in your occupation.
A license to practice your profession or certification for your profession or occupation.
Evidence that you have commanded a salary or other remuneration for services that demonstrate your exceptional ability.
Membership in professional associations.
Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations.
Application Process
1. Labor Certification
Most EB-2 visa applicants must obtain a labor certification from the U.S. Department of Labor. This certification ensures that there are no qualified U.S. workers available for the position and that hiring a foreign worker will not adversely affect the wages and working conditions of U.S. workers.
2. Filing Form I-140
Once the labor certification is approved, your employer must file Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS).
3. Adjustment of Status or Consular Processing
After the I-140 petition is approved, you can apply for an adjustment of status if you are already in the U.S. on a nonimmigrant visa. If you are outside the U.S., you will apply for an immigrant visa at a U.S. consulate in your home country.
Benefits of the EB-2 Visa
Permanent Residency: The primary benefit is obtaining U.S. permanent residency (a Green Card), allowing you to live and work permanently in the United States.
Path to Citizenship: After holding a Green Card for five years, you can apply for U.S. citizenship.
Family Inclusion: Your spouse and unmarried children under 21 can also obtain Green Cards as your dependents.
Work Flexibility: As a permanent resident, you can change employers and work in any field.
Why Choose Creimerman?
Navigating the complexities of the EB-2 visa application process can be challenging. Creimerman is here to help. Our team of experienced immigration professionals provides comprehensive services to guide you through each step of your application, ensuring that all requirements are met and increasing your chances of success.
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