How the EB-2 Visa Works: A Step-by-Step Guide for Immigrants

Introduction

The U.S. immigration system is extremely complex. So for the many highly educated individuals and the many spouses of these individuals with extraordinary abilities, the process for receiving an EB-2 green card can seem daunting.

With thousands of immigration-related applications before the U.S.C.I.S. staff every year, there is a great deal of potential for error which can result in the rejection of an application that was found to be adequate for approval.

We can help guide you through the process in order to find the issues in your application that can be worked on in order to make yourself and/or your spouse and children, (if any), eligible to receive an EB-2 green card application in order to attain a legal permanent resident’s visa in order to allow you and your loved ones to live in the U.S. with peace and prosperity.

Understand the EB-2 Visa: Overview and Purpose

There are many steps that one must take when going through the process of immigration to the United States. For those seeking work-based immigration in the U.S., there are many different categories that are considered for employment-based immigrant permits. As advanced degree holders with talents of high exceptional ability, many with skills of high value to the U.S. can take advantage of the employment-based immigrant permit for permanent residence in the U.S. for the visto eb2 como funciona.

1. Advanced Degree Professionals: Hold an Advanced Degree such as a Master’s or higher. Alternatively, hold a Bachelor’s Degree and have at least 5 years of progressive work experience in a field.
2. Individuals with Exceptional Ability: This category includes individuals with “extraordinary ability” in “the sciences, arts, education, business, and sports.” In general, most EB-2 immigration petitions are filed under this category. For example, researchers, novel artists, entrepreneurs, and business executives can be considered for EB-2 classification if they can demonstrate “extraordinary ability” in their respective fields.

The number of jobs available for skilled workers in states such as North Carolina and Florida is increasing and thus employment-based second preference immigration for skilled workers such as professionals can proceed. Recently changes have been made to the employment-based second preference category which allows qualified individuals to submit their I-485 applications without waiting for the Final Action Date to become current and thus proceed with the process for obtaining permanent residence more quickly.

This employment-based second preference category for skilled workers such as professionals has already been extensively used by many skilled foreign workers, and not only were they able to travel to the US for work, but also, once eligible, to migrate to the US for permanent residence as “Green Card” holders. Also, once an immigrant with an employment-based second preference category “Green Card” meets the usual requirements for becoming a naturalized US citizen (he/she has been a resident in the US for a combined period of time of at least 3 out of the 5 years preceding application for naturalization, he/she is in good physical and mental health, etc.) he/she shall also be eligible to apply for US citizenship.

At Vasquez Law Firm, we are committed to providing legal assistance to all individuals regardless of their financial means. To better serve our clients, we are able to establish alternative payment plans, work on a contingency basis for personal injury cases, and provide each client with immediate access to the skilled attorneys on our team. Our Charlotte immigration lawyers are proud to serve clients in offices located in Charlotte, Concord, and Huntersville, NC, as well as in locations throughout Florida. We are a bilingual law firm and speak in the language that best suits our clients’ needs. Our team of skilled and experienced employment-based green card attorneys are dedicated to helping skilled foreign workers to find employment in the U.S. and to be granted an employment-based immigrant permit (visto eb2 como funciona) so that they can live in the U.S. on a permanent basis, look for better job opportunities, and bring their family to live in the U.S. in derivative permits.

At the Vasquez Law Firm we practice law in a manner to be accessible to all individuals regardless of financial circumstances. In order to service our clients in the best manner possible, we offer several different payment options, we charge a contingency fee for personal injury cases, and every client has direct access to all of the experienced attorneys at our law firm. We have offices located in Charlotte, Concord and Huntersville, NC as well as numerous offices throughout the state of Florida. Our bilingual staff is available to service all of your legal needs in whatever language is most comfortable for you.

Identify Eligibility Criteria for the EB-2 Visa

Got EB-2 Visa Qualification Requirements Confused? The EB-2 Visa Qualification Requirements for EB-2 approval are a U.S. master’s degree or equivalent degree earned by a foreign national; or a U.S. bachelor’s degree and at least 5 years of experience in foreign labor, in progressive employment, in a field closely related to the occupation for which a labor certification is sought.

For individuals seeking EB-2 Visa approval based on their “exceptional ability” in the sciences, arts, or business, documenting advanced degree-level skills that are of substantial benefit to the United States is crucial. The majority of those approved under the second employment-based immigration category are using this method. Documentation in support of exceptional ability approvals for EB-2 visa approval include:

1. Significant awards or honors for excellence in your field
2. Active membership in professional associations
3. Articles and other materials he or she has published
4. His or her current salary in comparison to others with similar expertise

The key to approval in the second employment category is to provide sufficient documentation of past achievements and of contributions that the applicant has made in his or her field of expertise. Petitions meeting the Dhanasar criteria are approved at a significantly higher rate than comparable petitions not meeting Dhanasar criteria. Importantly, documentation that shows how an individual’s work advances the interests of the United States and its goals in quantifiable terms increases the chances of approval of a pending application for a green card through the EB-2 visa category.

If you have started your application for EB-2 Visa through the second employment-based category, for showing exceptional ability, the process of documentation required can be very anxiety provoking and could even be so burdensome as to be too overwhelming. It is. It would be wise to start amassing relevant documentation for your application as early as possible. Without proper documentation the application could be shut down at worst time.

About 70% of the applicants in this category of second employment-based immigration are using this category to demonstrate their exceptional ability in order to obtain a green card. The key to succeed in this category is sufficient documentation of past achievements and contributions to the field.

Dhanasar is a big step forward in demonstrating how your work is adding value to the U.S. and in qualifying petitions under the 2nd employment-based category for the EB-2 visa, helping them to obtain green cards. Petitions that meet the Dhanasar criteria have higher approval rates. It is helpful to measure contributions to measures of national interest in quantitative terms to increase chances of approval of your application.

Follow the Step-by-Step Application Process for the EB-2 Visa

For Indian Nationals Struggling with the Backlog of the EB-2 Visa Process, Here’s a Step-by-Step Guide to Help you prepare for the process and apply with confidence!

1. A Job Offer: If you are an Employment-based immigrant then you will be categorized into a few different groups. Assuming that you are a 2) Second Employment-Based applicant, you will need a job offer from an employer in the U.S. That employer will be your petitioner for your EB-2 Visa application.
2. Obtain Labor Certification (PERM): First, note that there are a few different categories that Employment-based immigrants fall under. We will assume that you are a 2) Second Employment-Based immigrant. In this category, your employer must first obtain a Labor Certification from the Department of Labor through the PERM system. The PERM process typically takes 12 to 24 months to complete. The Employer applies for a Labor Certification through the PERM system by submitting an application to the DOL stating that there are no qualified U.S. workers available for the job that the immigrant will be filling.
3. File Form I-140 with USCIS: After the Labor Certification application has been approved by the DOL by the employer, the Employer files an I-140 application with the USCIS for the immigrant alien to qualify the foreign national for the employment-based category.
4. Supporting Documents: Supporting documents for the I-140 such as proof of education, work experience and/or other documentation to establish that the immigrant alien is of exceptional ability in his or her respective field of work and/or to establish a National Interest Waiver in Approval are required to be attached to the application.
5. Attend Follow-Up Appointments: After filing out your application USCIS may require you to attend an interview or additional processing which would require your physical attendance to discuss the required information and documents with the officer.
6. Adjustment of Status or Consular Processing: Once the I-140 application is approved by USCIS, the immigrant alien can proceed with filing the Adjustment of Status application (if already in U.S.) or proceed with Consular Processing through their home country for an immigrant visa to enter the U.S.

Our experienced team can assist you and your family through every stage of the process and secure your future in the U.S.!

Troubleshoot Common Issues in the EB-2 Visa Application

Last week we covered some solutions for common problems with EB-5 filings. Now we turn to some common problems with EB-2 filings and how to solve them.

1. Incomplete supporting documents for the EB-2 Green Card Application: It is critical for applicants to prepare and submit a complete Green Card application package, together with a comprehensive list of required documentation for approval of the EB-2 Immigrant Visa application. See the link to USCIS Checklist of Required Documents for the EB-2 here.
2. Labor Certification Delays: Sometimes the PERM labor certification processing can take longer than anticipated. To keep your employer up to speed, make sure to keep them informed of the current status of the case.
3. Requests for Evidence (RFEs): As with most of the visa applications recently, the USCIS has increased the amount of Requests for Evidence (RFEs) for EB-2 employment-based petitions recently. This does not necessarily mean that your EB-2 petition is going to be denied. If USCIS does issue an RFE for your EB-2 petition, DO NOT PANIC! There is typically plenty of time to respond to the RFE and if done correctly, the RFE can be an opportunity to present additional evidence to support approval of the underlying visa petition. Note that each RFE will list specific questions or requests for additional documentation and it is crucial to address every question in the RFE and provide all requested documentation.
4. Eligibility Issues: Sometimes it is difficult for individuals to figure out whether or not they would be eligible for an EB-2 visa. They may start the process only to discover down the line that there are certain requirements that must be fulfilled that they are not able to. Contacting an immigration attorney will be able to evaluate the individual’s case and let them know whether or not they are eligible for the EB-2 visa category.
5. Request Denials: It is very important to read the denial notice carefully to determine the appropriate action, whether to appeal or to file a new application with additional documentation to address the reasons for denial. The immigrant visa category for professionals from India is currently not available.

In this article we have presented to you the most common mistakes that immigrants face when trying to obtain an EB-2 immigrant visa. And we have explained how to fix them. Therefore, by knowing in advance how to fix the typical mistakes that are usually committed by immigrants who apply for a visto eb2 como funciona, it will be easier for them.

Conclusion

I'm an Immigrant, What are the EB-2 Visa Requirements to Qualify for a Green Card Through Permanent Residency? There are several Permanent Residency (Green Card) pathways available to the diverse community of immigrants living in the United States. Many of these immigrants are confused with the process for Permanent Residency through the EB-2 immigrant visa category and all of the documentation that must be presented by individuals seeking to obtain a Green Card. In order to simplify the process for eligible individuals, we provide comprehensive information on the qualifications and process required for advanced degree holders and individuals of exceptional ability to obtain EB-2 Permanent Residency.

This guide outlines the basic qualifications required of any advanced degree holder, as well as individuals of “exceptional ability,” seeking an EB-2 immigrant visa. This guide also explains the process of finding a job, obtaining Labor Certification, and subsequently filing paperwork with USCIS for processing for Permanent Residency through the EB-2 immigrant visa category. Lastly, this guide will attempt to detail and provide solutions to the most common problems that other individuals, attempting to go through the process for an EB-2 immigrant visa, have encountered, including denied Requests for Evidence due to lack of documentation and other reasons.

The EB-2 visa can bring great joy to you and your family while adding your skill and expertise to the thriving U.S. community. If you are just starting your immigration process it is highly recommended that you seek the best immigration lawyers. At Vasquez Law Firm we are here to help you and your family. We are a bilingual law firm that can speak to you in Spanish or English and work with you to find the best immigration solution for you. We also offer affordable payment plans. Don’t let your language or financial constraints prevent you from applying for the EB-2 visa and starting a new life in the United States. Take the first step today!

Frequently Asked Questions

What is the EB-2 Visa?

The EB-2 Visa is an employment-based immigrant permit for individuals seeking permanent residence in the U.S. It is designed for advanced degree professionals and individuals with exceptional ability in fields such as sciences, arts, education, business, and sports.

Who qualifies for the EB-2 Visa?

Individuals qualify for the EB-2 Visa if they hold an advanced degree (such as a Master’s or higher) or a Bachelor’s degree with at least 5 years of progressive work experience. Additionally, individuals with extraordinary ability in their respective fields can also qualify.

What recent changes have been made to the EB-2 Visa process?

Recent changes allow qualified individuals to submit their I-485 applications without waiting for the Final Action Date to become current, enabling a quicker process for obtaining permanent residence.

How does the EB-2 Visa benefit skilled workers in North Carolina and Florida?

The EB-2 Visa provides skilled workers with the opportunity to travel to the U.S. for work and, once eligible, to migrate permanently as 'Green Card' holders, which can lead to U.S. citizenship after meeting certain requirements.

What services does Vasquez Law Firm offer for EB-2 Visa applicants?

Vasquez Law Firm offers legal assistance for EB-2 Visa applicants, including alternative payment plans, contingency fee arrangements for personal injury cases, and direct access to experienced attorneys. They also provide bilingual services to accommodate clients' language preferences.

Where are the offices of Vasquez Law Firm located?

Vasquez Law Firm has offices in Charlotte, Concord, and Huntersville, NC, as well as various locations throughout Florida.

What is the process for obtaining a Green Card through the EB-2 Visa?

The process involves filing an EB-2 petition, obtaining approval, and then submitting an I-485 application for adjustment of status to become a permanent resident.

Can family members accompany EB-2 Visa holders to the U.S.?

Yes, EB-2 Visa holders can bring their family members to live in the U.S. through derivative permits.

List of Sources

1. Understand the EB-2 Visa: Overview and Purpose
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3. Follow the Step-by-Step Application Process for the EB-2 Visa
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4. Troubleshoot Common Issues in the EB-2 Visa Application
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