You have devoted many hours to academia and achieved an advanced degree and now your dream of living in the United States is one step closer to reality. With a job offer from a US employer and your advanced degree, you may qualify for the EB-2 visa.
Are you dreaming about utilizing your exceptional ability in the arts, sciences, or business in the US to make advances in your field? Once you have a job offer from an American employer you can finally start the EB-2 process.
Who Qualifies or is Eligible for the EB-2 visa?
The EB-2 visa is available to individuals, family members, and business owners who are seeking permanent residency.
EB-2 Visa Requirements
You must either hold an advanced degree or hold an equivalent degree plus five years of progressive work experience in the field where you will work in the US.
You must also possess exceptional ability (a degree of expertise significantly above ordinary ability) and be able to show this exceptional ability in the sciences, arts, or business.
What is the EB-2 Visa?
The EB-2 visa is known as a second preference, employment-based immigrant visa for people in professions who hold an advanced degree or its equivalent, or for people who have an exceptional ability. The EB-2 facilitates permanent residence/green card.
Labor Certification is required unless the applicant can obtain a national interest waiver.
Individuals seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States.
National interest waivers are usually granted to those who have exceptional ability and whose employment in the United States would greatly benefit the nation.
What is the EB-2 Processing Time?
Processing times for US visas vary depending on several factors:
- The office or service center responsible for processing the file
- The type of immigrant visa
- EB-2 visa interview wait times (if applicable)
- Whether the applicant can qualify for an expedited interview appointment
- Whether Expedited processing is available
- Whether Premium Processing is available
- Providing insufficient or incomplete documents can lead to delays in processing and even denials
Top 10 Reasons for Refusal of the EB-2 Application
While there are many reasons why your application could be refused, we have listed the top ten most common ones here:
- Current and or past immigration status and history for the US or abroad, including overstaying and unauthorized employment
- Insufficient funds to support themselves during their stay
- Incorrect or incomplete petition
- Insufficient supporting evidence
- Conflicts with travel documentation
- Health concerns
- Suspicious of malicious intent
- Problems with background check
- Criminal history/Being convicted of a crime/Suspected or known ties to terrorism
- Material Misrepresentation
Frequently Asked Questions (FAQ’s) About the EB-2 Visa
What is an EB-2 NIW?
An EB-2 National Interest Waiver (NIW)is a waiver that allows the visa applicant to reside in the US without an employment offer, providing they establish their presence in the US would be in the country’s interest.
Are there advantages to applying for the National Interest Waiver (NIW) as opposed to applying for the EB-2 with a job offer?
If you are able to prove to US customs that permitting you to reside and work in the US without a job offer or a Labor Certification from a US employer would be in the nation’s best interest.
If I was denied a labor certification, can I still apply for an NIW?
Yes, you can still apply for an NIW as requirements for the labor certification have little bearing on the NIW requirements.
Why Contact My Visa Source for an Assessment?
Congratulations on taking your first step toward working and living in the United States.
The more research you do on the immigration process, the more you will learn about your specific situation and how we can help you navigate through the EB-2 process.
Immigration lawyers at My Visa Source dedicate themselves to your immigration case, providing legal representation tailored to your personal situation.
Our expertise focuses on immigration and visa programs for the United States and Canada, including global immigration.
Partnering with an award-winning immigration team greatly increases the likelihood of achieving your specific immigration or visa goals.
Begin Your Application for EB-2 Visa Today!
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We have a dedicated team of licensed professionals standing by, ready to answer your immigration and visa questions.
Immigration is a complex process that requires strong legal strategy, precise paperwork and perfect attention to detail, reducing the risk of wasted time, money or permanent rejection.
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