EB-2 Visa: Get a complete Guide to unlock Global Opportunities

Are you ready to unlock global opportunities and advance your career? Look no further! Welcome to the ultimate guide that will unravel the secrets of EB-2 Visa, your key to unlocking a realm of professional growth and international success. Whether you’re a talented professional, a skilled worker, or an aspiring entrepreneur. The EB-2 Visa is your ticket to exploring new horizons in the United States. In this comprehensive guide, we will navigate the intricate details of the EB2 Visa, empowering you with the knowledge and strategies you need to seize every opportunity that comes your way. Get ready to embark on a transformative journey towards your dreams and open doors to endless possibilities with the power of the EB-2 Visa. Get ready to unlock your global opportunities!

An Overview of EB-2 Visa

The EB-2 visa is an employment-based immigrant visa category in the United States designed for individuals. Moreover, with exceptional abilities in the sciences, arts, or business and those with advanced degrees. It falls under the preference category of employment-based visas, specifically the second preference (EB-2). To qualify for an EB-2 visa, applicants must meet specific criteria. They must demonstrate exceptional ability in their field, including outstanding academic achievements, professional recognition, or substantial contributions to their expertise.

Additionally, individuals with an advanced degree (such as a master’s or higher) or a bachelor’s degree with five years of progressive work experience may also be eligible. EB-2 visa applicants must have a job offer from a U.S. employer who will sponsor their visa application. However, in some cases, individuals can self-petition if they can prove it. That their work significantly benefits the national interest of the United States.

EB-2 Visa Requirements

To be eligible for the EB-2 visa, individuals must meet the requirements of the United States Citizenship and Immigration Services (USCIS). The following are the key criteria for the EB-2 visa:

Advanced Degree: Applicants must possess an advanced degree (master’s degree or higher) in their field of expertise from an accredited U.S. institution or its foreign equivalent. Alternatively, they should have a bachelor’s degree and at least five years of progressive work experience.

Exceptional Ability: Applicants must demonstrate exceptional ability in the sciences, arts, or business, proven by sustained national or international acclaim. It can be showcased through recognized awards, memberships in professional associations, publications, or other documentary evidence of outstanding achievements.

Job Offer or National Interest Waiver: Individuals must have a job offer from a U.S. employer who will sponsor their EB-2 visa application. However, certain individuals may qualify for a National Interest Waiver (NIW). They can self-petition without a job offer if they demonstrate that their work substantially benefits the United States.

Labor Certification: Before filing the EB-2 visa petition, the employer must obtain a labor certification from the Department of Labor. This certification verifies that no qualified U.S. workers are available for the position offered to the foreign national.

EB-2 Visa Application Guide

To apply for the EB-2 visa, individuals must follow a step-by-step process. Firstly, they must secure a job offer from a U.S. employer who will sponsor their application. The employer must obtain a labor certification from the Department of Labor, verifying that no qualified U.S. workers are available. Once the job offer is in place, the employer files Form I-140. The Immigrant Petition for Alien Worker, on behalf of the applicant. This petition shows the applicant’s eligibility for the EB-2 visa. It should be accompanied by supporting documents such as educational credentials, letters of recommendation, proof of exceptional ability, and relevant work experience.

After the I-140 petition is approved, the applicant can proceed with the visa application. Similarly, They must complete Form DS-260, the application for an immigrant visa, and submit it at a U.S. embassy or consulate in their home country. An interview will be scheduled, during which the applicant must provide additional documentation and undergo a medical examination. If the visa is approved, the applicant will receive their EB-2 visa, allowing them to enter the United States and pursue employment in their field of expertise.

Application Process from the U.S. Employer

The first step in applying for the EB-2 visa is for the U.S. employer to initiate the process. The employer must offer a job to the foreign national and determine that the individual meets the requirements for the position. Moreover, they must complete the necessary paperwork and gather supporting documents to start the application process.

Obtaining the Labor Certification

After the U.S. employer has made a job offer, they must obtain a labor certification from the Department of Labor (DOL). The labor certification process involves proving that no qualified U.S. workers are available to fill the position offered to the foreign national. The employer must go through a recruitment process and follow the guidelines set by the DOL to demonstrate their efforts to hire U.S. workers.

Filing the Petition

Once the labor certification is approved, the employer can file the petition on behalf of the foreign national. The employer needs to complete and submit Form I-140, the Immigrant Petition for Alien Worker, to the U.S. Citizenship and Immigration Services (USCIS). The petition includes detailed information about the employer, the position, and the foreign national’s qualifications.

Step-by-Step Application Process for Foreign Workers

Submit Form DS-261, Address, and Agent Selection

After the U.S. employer has buffed the petition and it is approved, the foreign worker must complete Form DS-261. However, this form provides the necessary contact information and designates an agent to receive mail regarding the visa application.

Undergo Medical Examination and Vaccination

The next step is to undergo a medical examination by an authorized physician. The examination includes reviewing the applicant’s medical history, a physical examination, and certain required vaccinations.

Prepare the Supporting Documents File

Gather all the required supporting documents for the visa application. These may include a valid passport, birth certificate, police certificate, educational certificate, employment records, and proof of financial support.

Attend the Visa Interview

Schedule and attend the visa interview at the U.S. embassy or consulate. After that, the applicant must bring all the required documents, including the completed DS-261 form, medical examination reports, and the supporting documents file.

Receive the NVC Package and Travel to the United States

The NVC (National Visa Center) will send the applicant the visa and other important documents if the visa is authorized. The applicant can then make travel arrangements to the United States and present the necessary documents, including the visa, at the U.S. port of entry.

Fees Associated With the EB-2 Visa Application

The fees associated with the EB-2 visa include the filing fee for Form I-140, which is USD 700, and the visa processing fee, which is approximately USD 345. These fees are subject to change and may vary over time. Additionally, applicants are responsible for covering the cost of the required medical examination and any necessary vaccinations, which can vary depending on the healthcare provider and country of examination. In addition, It is important to stay updated with the latest fee information from the United States Citizenship and Immigration Services (USCIS) or consult with an immigration attorney for accurate and current fee details.

What is the Typical Processing Time for an EB-2 Visa?

The processing time for an EB-2 visa can vary depending on several factors. The timeline typically includes multiple stages, from filing the Form I-140 petition to visa issuance. In addition, the cutoff in September 2021 and the processing time for an EB-2 visa range from several months to over a year. Various factors influence the processing time. However, the workload of the United States Citizenship and Immigration Services (USCIS), and the case’s complexity. Additionally, the backlog of petitions and country-specific limitations can impact the overall processing time. It is important to note that processing times can change, and it is advisable to regularly check the USCIS website or consult with an immigration attorney for the most up-to-date estimates.

Is healthcare access available to EB-2 visa holders in the United States?

Yes, individuals holding an EB-2 visa generally have access to American healthcare. As an EB-2 visa holder, you are considering a lawful permanent resident (green card holder) in the United States. Green card holders have the right to live and work in the country and are eligible for most benefits available to U.S. citizens, including healthcare services. With your green card, you can typically enroll in health insurance programs like private health insurance plans, employer-sponsored health insurance, or government-funded programs like Medicaid or the Affordable Care Act (ACA) marketplace. The specific options and eligibility may vary depending on the state of residence and personal circumstances.

Can My Family Be Brought to the United States with an EB-2 Visa?

You can bring your immediate family to the United States with an EB-2 visa. As an EB-2 visa holder, you view a lawful permanent resident (green card holder) in the United States. Moreover, Green card holders can sponsor certain family members for immigration to the U.S. Under the family-based immigration system, you can typically sponsor your spouse and unmarried children under 21 to accompany or join you in the United States. They would generally be eligible for derivative visas, such as spouse (EB-2 derivative) and children (EB-2 derivative) visas. It is important to note that sponsoring family members may involve filing additional forms and documentation. As a result, there may be certain eligibility requirements and waiting periods.