You have devoted many hours to academia and have achieved an advanced degree, 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 is Eligible for the EB-2 visa?
The EB-2 visa is eligible 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 the 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?
The 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 ten most common here:
- Current and or past immigration status and history in 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
- Suspicion of malicious intent
- Problems with a background check
- Criminal history/Being convicted of a crime/Suspected or known ties to terrorism
- Material Misrepresentation
Call and speak to our team, so that they can book a time with a licensed immigration professional who will answer all your questions.
Frequently Asked Questions (FAQ’s) About the EB-2 Visa
An EB-2 National Interest Waiver (NIW) is a waiver that allows the visa applicant to reside in the US without an employment offer if their presence in the US would be in the country’s interest.
Yes, there are other advantages for the NIW. 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, the NIW would be appropriate for you.
Yes, you can still apply for an NIW as requirements for the labor certification have little bearing on the NIW requirements.
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