The EB-2 visa For Foreign Nationals
The EB-2 visa is a conveted second-preference employment-based immigrant visa for foreign nationals with advanced degrees or exceptional ability. The application process involves several steps and requires careful preparation. Here is a detailed guide on how to apply for an EB-2 visa:
Step 1: Determine Eligibility
Before applying, it’s essential to determine if you meet the eligibility requirements for an EB-2 visa. You may qualify under two subcategories:
Advanced Degree: You must possess a master’s degree or higher (or a bachelor’s degree plus five years of progressive experience) in a field related to the proposed employment.
Exceptional Ability: You must demonstrate exceptional ability in the sciences, arts, or business through extensive documentation and expert testimonials.
Step 2: Obtain a Labor Certification (PERM)
The employer must obtain a certified Labor Certification (PERM) from the U.S. Department of Labor. This process involves several steps:
Recruitment: The employer must conduct a series of recruitment efforts to prove that there are no qualified U.S. workers available for the job.
Prevailing Wage: Determine the prevailing wage for the position and file a PERM application.
Certification: Once approved, the employer will receive a certified Labor Certification.
Step 3: File Form I-140
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The employer sponsors the EB-2 visa by filing Form I-140, Immigrant Petition for Alien Worker, with supporting documents and the approved Labor Certification.
Step 4: File Form I-485 (Adjustment of Status) or Go Through Consular Processing
If the applicant is already in the United States, they can file Form I-485, Adjustment of Status, to apply for a Green Card. Otherwise, they will need to go through consular processing at a U.S. embassy or consulate abroad.
Documentation and Interview
The applicant must provide extensive documentation, including passports, birth certificates, and proof of education and experience. An interview may be required at a U.S. embassy or consulate, or with U.S. Citizenship and Immigration Services (USCIS) for Adjustment of Status.
Conclusion
The EB-2 visa application process is complex and requires careful preparation. Applicants should ensure they meet eligibility requirements, obtain the necessary certifications and documents, and file the appropriate forms. It’s recommended to seek guidance from an experienced immigration attorney to ensure a smooth and successful application process.
