The EB-2 green card is a highly sought-after immigration option for individuals with exceptional ability in the sciences, arts, or business, as well as those with advanced degrees. With its numerous benefits, including the opportunity to live and work permanently in the United States, it is no wonder that individuals with exceptional skills and qualifications are eager to apply for this visa.
Obtaining an EB-2 green card requires going through a thorough application process and meeting specific eligibility requirements. To qualify for the EB-2 visa, applicants must demonstrate exceptional ability in their field or possess an advanced degree. Strong evidence of achievements and recognition is crucial in establishing eligibility for this visa category.
The application process for the EB-2 green card starts with filing Form I-140, Petition for Alien Worker. This form includes detailed information about the applicant’s qualifications and evidence of their exceptional ability or advanced degree. It is important to provide comprehensive and accurate information to increase the chances of approval.
Additionally, applicants must go through a labor certification process, which involves obtaining a job offer from a U.S. employer who is willing to sponsor their green card application. The employer must demonstrate that there are no qualified U.S. workers available for the position and that hiring the immigrant will not negatively impact the job market.
Overall, obtaining an EB-2 green card requires careful preparation, documentation, and meeting the stringent eligibility requirements. It is advisable to seek the assistance of an experienced immigration attorney to navigate through the application process and increase the chances of a successful outcome.
What is an EB-2 Green Card?
An EB-2 green card is a type of employment-based immigrant visa that allows foreign nationals with exceptional ability in the arts, sciences, or business, as well as those with advanced degrees or exceptional ability in specific fields, to live and work permanently in the United States. It is a desirable immigration option for individuals who wish to further their careers and contribute their expertise to the U.S. economy.
The EB-2 category is divided into two subcategories:
- EB-2(A): Advanced Degree-Holders
- EB-2(B): Individuals with Exceptional Ability
EB-2(A): Advanced Degree-Holders
The EB-2(A) category is for individuals who have obtained an advanced degree, such as a master’s degree or higher, from a U.S. university or its foreign equivalent. To qualify, the applicant must possess a job offer from a U.S. employer that requires an advanced degree and they must demonstrate that they have the necessary qualifications and professional experience to perform the job successfully.
EB-2(B): Individuals with Exceptional Ability
The EB-2(B) category is for individuals who have exceptional ability in the arts, sciences, or business. Exceptional ability is defined as a degree of expertise significantly above that ordinarily encountered in the field. To qualify, the applicant must provide evidence of their exceptional ability and demonstrate that their presence in the United States will greatly benefit the nation.
Both subcategories require a labor certification from the U.S. Department of Labor, unless the applicant can obtain a National Interest Waiver (NIW) by demonstrating that their work is of national importance and that requiring a labor certification would be contrary to the national interest.
Obtaining an EB-2 green card involves a complex application process and meeting specific eligibility requirements. It is recommended to seek the assistance of an immigration attorney to ensure the highest chances of success in obtaining an EB-2 green card.
Why apply for an EB-2 Green Card?
Obtaining an EB-2 Green Card can provide numerous benefits for individuals seeking to live and work permanently in the United States. Here are some compelling reasons why you should consider applying for an EB-2 Green Card:
- Advanced Degree or Exceptional Ability: The EB-2 Green Card is specifically designed for individuals who possess advanced degrees or exceptional ability in their field. If you have a Master’s degree or higher, or can demonstrate outstanding expertise in your profession, this category could be a perfect fit for you.
- Priority Worker Category: EB-2 Green Card applicants fall into the employment-based, second preference (EB-2) category. This means that they are considered a priority for the issuance of Green Cards, allowing for a faster processing time compared to other employment-based categories.
- Permanent Residence: The EB-2 Green Card grants permanent residence in the United States, allowing you to live and work in the country indefinitely. This provides you with the freedom and stability to pursue your career and build a life in the United States.
- Eligibility for Certain Jobs: Holding an EB-2 Green Card gives you the opportunity to apply for certain jobs that require permanent residence or U.S. citizenship as a prerequisite. This can open up new career prospects and increase your earning potential.
- Inclusion of Dependents: The benefits of an EB-2 Green Card extend to your immediate family as well. You can include your spouse and unmarried children under the age of 21 as dependents on your application, allowing them to also obtain Green Cards and enjoy the same benefits.
- Pathway to Citizenship: While the EB-2 Green Card grants permanent residence, it also serves as a stepping stone towards U.S. citizenship. Once you have held the Green Card for a certain period of time, you may be eligible to apply for naturalization and become a U.S. citizen, with all the rights and privileges that come with it.
Overall, applying for an EB-2 Green Card is a strategic move for individuals wishing to establish themselves in the United States. With its numerous benefits and potential for long-term growth, it can be a life-changing opportunity for qualified professionals and individuals with exceptional abilities.
Application Process
Obtaining a green card through the EB-2 category involves a detailed application process. To be eligible for an EB-2 green card, applicants must meet the following criteria:
Educational Requirements:
Applicants must possess an advanced degree or its equivalent, such as a master’s degree or above, in a specific field. Alternatively, applicants may qualify with exceptional ability in the sciences, arts, or business.
Labor Certification:
Before applying for the green card, applicants must obtain a labor certification from the U.S. Department of Labor. This certification ensures that the job being offered to the applicant will not displace qualified American workers and that the employer will offer the prevailing wage.
Form I-140:
Once the labor certification is obtained, the employer must file Form I-140, Immigrant Petition for Alien Worker, on behalf of the applicant. This form demonstrates that the applicant meets the criteria for the EB-2 category.
Priority Date:
After the Form I-140 is approved, the applicant’s priority date is established. The priority date is the date when the application was received by the U.S. Citizenship and Immigration Services (USCIS) and determines the applicant’s place in line for a visa.
Visa Availability:
Once the priority date becomes current, meaning visas are available in the EB-2 category, the applicant can apply for an immigrant visa or adjust their status if they are already in the United States.
It is essential to ensure that all forms and documents are completed accurately and submitted within the specified deadlines to avoid delays or potential denials in the application process.
Note: The application process for an EB-2 green card is complex, and it is recommended to consult with an immigration attorney to navigate through the requirements and ensure a smooth application process.
Gather the Required Documents
When applying for an EB-2 green card, it is important to gather all the necessary documents to support your application. The documents will serve as evidence of your eligibility and qualifications.
1. Proof of Education and Experience
One of the main requirements for the EB-2 green card is having an advanced degree or exceptional ability in your field. You will need to provide documentation to prove your education level and work experience.
Some documents that can be included are:
- Academic degrees
- Transcripts
- Letters of recommendation
- Employment certifications
2. Documentation of Exceptional Ability or National Interest Waiver
If you are applying for the EB-2 green card based on exceptional ability or a national interest waiver, you will need to provide supporting evidence. This can include:
- Awards or recognition in your field
- Membership in professional organizations
- Published articles or research papers
- Patents or inventions
It is important to gather all the relevant documentation and organize it properly before submitting your application. Any missing or incomplete documents can delay the processing of your EB-2 green card application.
File the Form I-140
To begin the application process for an EB-2 green card, you must file the Form I-140, also known as the Immigrant Petition for Alien Worker.
The Form I-140 is submitted to the United States Citizenship and Immigration Services (USCIS) and serves as a petition to request lawful permanent residency for an employee under the EB-2 category.
Eligibility Requirements
Before filing the Form I-140, it is important to ensure that you meet the eligibility requirements for the EB-2 green card.
- You must have a job offer from a US employer that requires an advanced degree or exceptional ability in the sciences, arts, or business.
- You must possess the necessary qualifications, such as a higher education degree or extensive work experience, to meet the job requirements.
- Your employer must obtain a labor certification from the Department of Labor, which verifies that there are no qualified US workers available for the position.
Filing Process
When filing the Form I-140, you must include all required supporting documents and pay the filing fee.
Some of the supporting documents that may be required include:
- Evidence of your advanced degree or exceptional ability
- Evidence of relevant work experience
- Job offer letter from your US employer
- Labor certification from the Department of Labor
- Proof of financial ability to support yourself in the US
Once you have gathered all the necessary documents, you can proceed with completing the Form I-140. Make sure to review the instructions and fill out the form accurately and completely.
After completing the form, you can submit it to the USCIS, along with the filing fee. It is recommended to keep a copy of the form and all supporting documents for your records.
Once the USCIS receives your Form I-140, they will review it to ensure that you meet the eligibility requirements and that all required documents are included. They may request additional evidence or an interview if necessary.
If your Form I-140 is approved, you will be one step closer to obtaining an EB-2 green card. The next step in the process will be filing the Form I-485 to adjust your status to that of a lawful permanent resident.
Obtain Labor Certification
In order to apply for an EB-2 green card, one of the requirements is to obtain a labor certification. This is a process that involves proving that there are no qualified workers available for the job that the applicant is seeking to fill.
The first step in obtaining labor certification is to conduct a recruitment process to find potential workers. This involves posting job advertisements in various places, such as newspapers, job boards, and professional organizations. The recruitment process must be conducted in a way that ensures that all potential workers have an equal opportunity to apply for the job.
Once the recruitment process is complete, the employer must carefully review all of the applications received. They must consider each applicant’s qualifications and determine whether or not they meet the requirements for the job. If there are qualified U.S. workers available for the job, the labor certification process cannot proceed.
If no qualified U.S. workers are found, the employer must submit a labor certification application to the U.S. Department of Labor (DOL). This application includes detailed information about the job, the employer, and the recruitment process. The DOL will review the application to ensure that all of the requirements have been met.
If the labor certification application is approved, the employer can proceed with the EB-2 green card application. If it is denied, the employer may have the option to appeal the decision or reapply with additional evidence.
Processing Time
The processing time for labor certification can vary depending on several factors, including the volume of applications being processed and any additional review that may be required. On average, it can take anywhere from several months to over a year to receive a decision on a labor certification application.
Conclusion
The labor certification process is an important step in obtaining an EB-2 green card. It involves conducting a recruitment process to find potential workers and demonstrating that no qualified U.S. workers are available for the job. If the labor certification application is approved, the applicant can move forward with the green card application process.
| Advantages | Disadvantages |
|---|---|
| Increased job opportunities in the U.S. | Lengthy processing time |
| Possibility of obtaining a permanent residency | Strict eligibility requirements |
| Access to U.S. social benefits | High application fees |
Wait for Priority Date to Become Current
Once your EB-2 green card application has been filed, you will need to wait for your priority date to become current before further progress can be made. The priority date is the date on which your labor certification was filed with the Department of Labor or the date on which your I-140 petition was filed with USCIS, whichever is earlier.
Each month, the U.S. Department of State releases a visa bulletin that provides information on the availability of immigrant visas. The bulletin shows the current priority date for each category of green card applicants. You will need to keep an eye on the visa bulletin to determine when your priority date becomes current.
Checking the Visa Bulletin
To check the visa bulletin, visit the U.S. Department of State’s website and locate the current bulletin for the month. Look for the Employment-Based category and find the EB-2 preference category. The bulletin will indicate whether the priority date is current or if there is a backlog.
If the priority date is current, you can proceed with the next steps of your EB-2 green card application. If there is a backlog, you will need to continue waiting until your priority date becomes current.
Patience is Key
Waiting for your priority date to become current can be a long and sometimes unpredictable process. The length of the wait will depend on various factors, including the demand for green cards in the EB-2 category and the availability of visa numbers.
It’s important to be patient during this time and remain updated on any changes to the visa bulletin. You can also consult with an immigration attorney or seek assistance from USCIS for any questions or concerns you may have regarding your EB-2 green card application.
File the Form I-485
Once you have received approval of your EB-2 petition and a visa number is available, you can proceed with filing the Form I-485, Application to Register Permanent Residence or Adjust Status. This is the key step in obtaining your green card.
The Form I-485 collects essential information about you and your eligibility for permanent residency. You will need to provide details about your current immigration status, employment history, and any previous criminal offenses. It is crucial to fill out the form accurately and completely, as any mistakes or omissions can lead to delays or even denial of your application.
Additionally, you must include all required supporting documents along with your Form I-485. This includes evidence of your approved EB-2 petition, proof of your identity, birth certificate, passport, and any necessary affidavits or supporting letters. It is essential to review the detailed instructions provided by U.S. Citizenship and Immigration Services (USCIS) and ensure that you gather all the necessary documents.
After completing the form and gathering the required documents, you must sign and date your Form I-485 before sending it to USCIS. You will also need to include the appropriate filing fee, which can vary depending on your age and other factors. It is advisable to make copies of your entire application package for your records.
Once USCIS receives your Form I-485, they will review your application and conduct background checks. You may also be required to attend an interview, where an immigration officer will assess your eligibility and ask additional questions. If everything is in order and you are approved, you will be issued your green card, granting you permanent residency in the United States.
Note: Filing Form I-485 does not automatically grant you a green card. It is a crucial step in the process, but the final decision is at the discretion of USCIS.
Undergo the Biometrics Appointment
As part of the application process for obtaining a green card through the EB-2 category, you will be required to undergo a biometrics appointment. This appointment is necessary for the United States Citizenship and Immigration Services (USCIS) to collect your fingerprints, photograph, and signature.
The biometrics appointment is typically scheduled after you submit your application. You will receive a notice from the USCIS informing you of the date, time, and location of your appointment. It is important to attend the appointment as scheduled, as failure to do so may result in delays or denial of your application.
During the biometrics appointment, you will be required to provide your fingerprints, which will be used for background checks and verification purposes. Additionally, your photograph and signature will be taken for official documentation. The entire process is quick and generally takes about 30 minutes to complete.
It is important to arrive at the appointment on time and bring the necessary documents with you. These documents typically include your appointment notice, identification documents, and any other supporting documentation requested by the USCIS. Failure to bring the required documents may result in rescheduling of your appointment.
After the biometrics appointment, the USCIS will process your information and use it to conduct background checks and verify your identity. This is an important step in the application process, as it helps determine your eligibility for the EB-2 green card.
Once the biometrics process is complete, you will need to wait for the USCIS to review your application and make a decision on your green card. The processing time can vary depending on the USCIS workload and other factors.
It is crucial to follow all instructions provided by the USCIS regarding the biometrics appointment and to attend the appointment as scheduled. Failing to do so may result in delays or denial of your green card application. Therefore, it is recommended to thoroughly prepare for the appointment and ensure you have all the necessary documents and information.
Wait for the Adjustment of Status Interview
Once your EB-2 green card application has been submitted, you will need to wait for the adjustment of status interview. This interview is an important part of the application process and will determine whether you are eligible for the EB-2 visa.
During the interview, an immigration officer will review your application and ask you questions about your background, work experience, and qualifications. It is important to be prepared for this interview and have all the necessary documents and evidence to support your application.
The wait time for the adjustment of status interview can vary depending on various factors, such as the workload of the immigration office and any additional security checks that may be required. It is important to be patient during this time and follow any instructions or requests from the immigration office.
While waiting for the interview, it is also important to keep track of any updates or changes in your case status. You can do this by regularly checking the USCIS website or contacting the immigration office directly.
Remember: The adjustment of status interview is the final step in the EB-2 green card application process. It is crucial to be well-prepared, submit all necessary documents, and provide truthful and accurate answers during the interview.
Note: This information is intended for general purposes only and should not be taken as legal advice. For specific information and guidance regarding your EB-2 green card application, it is recommended to consult with an immigration attorney.
Receive the Decision on your Application
Once you have submitted your EB-2 Green Card application, the United States Citizenship and Immigration Services (USCIS) will review your application and make a decision. The decision will be based on various factors, including your eligibility for the EB-2 category and the supporting documentation you have provided.
It is important to note that the decision on your EB-2 Green Card application may take several months to be processed. The USCIS will notify you of their decision by mail. If your application is approved, you will receive your green card in the mail as well.
If your application is denied, the USCIS will provide you with a written explanation for the denial. It is important to review this explanation carefully to understand the reasons for the denial. In some cases, you may have the option to file an appeal or submit a motion to reopen or reconsider the decision.
During the application process, it is crucial to keep track of any communication from the USCIS and to respond promptly to any requests for additional information or documentation. This will help ensure that your application is processed as efficiently as possible.
Receiving the decision on your EB-2 Green Card application is an important milestone in your immigration journey. If approved, it signifies that you have met the eligibility requirements and can now live and work permanently in the United States. If denied, it is essential to understand the reasons for the denial and explore your options for further action.
Eligibility Requirements
To apply for an EB-2 Green Card, you must meet certain eligibility requirements set by the United States Citizenship and Immigration Services (USCIS). These requirements include:
Advanced Degree
One of the eligibility criteria for the EB-2 Green Card is having an advanced degree. This can be a master’s degree, a professional degree, or any other type of degree beyond a bachelor’s degree. You must provide proof of your educational qualifications, such as transcripts and diplomas, to demonstrate your eligibility.
Exceptional Ability
In addition to an advanced degree, you may also be eligible for an EB-2 Green Card if you can demonstrate exceptional ability in your field. This means that you have a degree of expertise significantly above that normally encountered in your profession. You may need to provide evidence of your exceptional ability, such as letters of recommendation, publications, or awards.
It’s important to note that both the advanced degree and exceptional ability requirements are subject to strict standards and criteria outlined by the USCIS. Meeting these requirements does not guarantee approval of your EB-2 Green Card application.
Education and Experience Criteria
The EB-2 Green Card is a second preference employment-based immigrant visa category. In order to be eligible for an EB-2 Green Card, individuals must meet certain education and experience criteria. These criteria are designed to demonstrate the individual’s exceptional ability in their field of expertise.
There are three main requirements for education and experience under the EB-2 category:
| Advanced Degree | Applicants must possess an advanced degree, such as a master’s degree or higher, or its foreign equivalent. The degree must be related to the individual’s field of work and requires a minimum of five years of post-graduate experience. |
| Bachelor’s Degree plus Experience | Alternatively, individuals may qualify if they possess a bachelor’s degree or its foreign equivalent, along with at least five years of progressive work experience in their field. The work experience must be in a position that requires a bachelor’s degree or higher. |
| National Interest Waiver | Individuals who can demonstrate that their work is in the national interest of the United States may be eligible for a waiver of the job offer and labor certification requirements. To qualify for the national interest waiver, applicants must demonstrate exceptional ability in their field and that their work will substantially benefit the United States. |
It is important to note that meeting the education and experience criteria does not guarantee eligibility for an EB-2 Green Card. Applicants must also go through the application process, which includes submitting the necessary documents, paying the required fees, and attending interviews. It is advisable to consult with an immigration attorney to ensure that all requirements are met and to navigate the application process successfully.
Exceptional Ability
The EB-2 green card is also available for individuals who possess exceptional ability in their respective fields. Exceptional ability is defined as having a level of expertise significantly above that which is normally found in the field.
To qualify for the EB-2 green card under the exceptional ability category, the applicant must meet at least three out of the following criteria:
Evidence of exceptional ability includes:
- An official academic record showing a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning related to the field of exceptional ability;
- Letters documenting at least ten years of full-time experience in the field;
- A license to practice the profession or certification for a particular occupation or profession;
- Membership in professional associations;
- Recognition for achievements and contributions to the field, through awards or other forms of recognition;
- Publications or articles written by or about the applicant in major media or professional publications;
- Participation as a judge of the work of others in the field;
- Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance;
- Authorship of scholarly articles in the field; and
- High salary or remuneration in relation to others in the field.
In addition to meeting these criteria, the applicant must also show that their exceptional ability will benefit the United States in some way. This can be demonstrated through job offers, documented plans for future employment, or evidence of past contributions to the field in the United States.
It is important to note that the exceptional ability category is highly competitive, as there are limited numbers of green cards available each year. Therefore, it is crucial to provide thorough and compelling evidence of exceptional ability in order to increase the chances of success in obtaining an EB-2 green card.
If you believe you qualify for the EB-2 green card based on exceptional ability, it is advised to consult with an immigration lawyer who specializes in employment-based immigration to guide you through the application process and ensure that all necessary documentation is properly prepared and submitted.
| EB-2 Green Card Category | Requirements |
|---|---|
| Exceptional Ability | Evidence of exceptional ability in the field, meeting at least three out of ten specified criteria |
| Advanced Degree | An advanced degree related to the job position or a bachelor’s degree with five years of progressive experience |
National Interest Waiver Eligibility
To apply for an EB-2 Green Card through the National Interest Waiver (NIW) eligibility category, you must meet certain criteria. The NIW allows qualified individuals to bypass the labor certification process, which is typically required for employment-based immigration.
1. Advanced Degree or Exceptional Ability: You must possess either an advanced degree or its equivalent, or exhibit exceptional ability in your field. Exceptional ability refers to a degree of expertise significantly above that which is ordinarily encountered.
2. Significant Benefit: You must demonstrate that your employment in the United States would be of national interest. This may be achieved by showing that your work has substantial merit and national importance, and that it will have a positive impact on the country as a whole.
3. National Interest: You must establish that it is in the national interest to waive the labor certification requirement for your specific case. This can be proven by demonstrating that your work is in an area of substantial intrinsic merit, that the proposed impact will be national in scope, and that it outweighs the inherent labor certification process.
4. Ability to Advance the Field: You must show that you have the ability to significantly advance your field of expertise. This can be achieved by providing evidence of past achievements, contributions to the field, and recognition from experts in the industry.
5. Documentation: You must provide extensive documentation to support your eligibility. This may include letters of recommendation, publications, patents, awards, and any other evidence that showcases your qualifications and contributions to your field.
Meeting the eligibility requirements for the National Interest Waiver is crucial for obtaining an EB-2 Green Card. It is recommended to consult with an immigration attorney to ensure that your application presents a strong case for consideration.
Job Offer and Labor Certification
In order to obtain an EB-2 Green Card, one of the key requirements is a job offer from a US employer. The job offer must be in a profession that falls under the EB-2 category, which includes professionals with advanced degrees or exceptional abilities in their fields.
The first step in the process is for the employer to obtain a labor certification from the US Department of Labor (DOL). This certification ensures that there are no qualified US workers available for the job and that hiring a foreign worker will not negatively impact the job market for US citizens.
The labor certification process involves the employer conducting a recruitment search to find eligible US workers for the position. This includes advertising the job opening, interviewing candidates, and documenting the search efforts. If no qualified US workers are found, the employer can proceed with filing the labor certification application.
Requirements for Labor Certification
When filing the labor certification application, the employer must provide detailed information about the job position and its requirements. This includes the job title, duties and responsibilities, educational qualifications, and experience requirements.
The employer must also show that they are offering a competitive wage for the position based on the prevailing wage for similar positions in the region. This ensures that the foreign worker will not be paid less than what is typically earned by US workers in similar positions.
The Role of the Employer
As part of the labor certification process, the employer is responsible for completing and filing the necessary forms and supporting documentation. They must also demonstrate that they have the financial capacity to pay the offered wage to the foreign worker.
The employer must actively participate in the recruitment search and follow all the guidelines set by the DOL. They must also make sure that the job offer and the labor certification application accurately reflect the terms and conditions of the employment.
Overall, the job offer and labor certification process is an important step in obtaining an EB-2 Green Card. It ensures that there is a legitimate job opportunity for the foreign worker and provides protection for the US job market.
Priority Date
The priority date is an important factor in obtaining an EB-2 green card. It is the date when the USCIS receives the immigrant visa petition filed by the employer on behalf of the immigrant worker. The priority date determines the immigrant’s place in line for a visa number.
In the case of the EB-2 green card, the priority date is significant because there are a limited number of visas available each year. The U.S. government imposes annual per-country and per-category limits, which means that only a certain number of visas are issued to applicants from each country in a specific category, such as EB-2.
Due to these limited visa numbers, there is often a backlog for certain countries and categories, resulting in a significant waiting period. The priority date helps determine where an applicant stands in the queue. If the priority date of an applicant is earlier than the date listed on the Visa Bulletin, they can proceed with the next steps in the green card application process. Otherwise, they will have to wait until their priority date becomes current.
Checking the Visa Bulletin
It is essential to keep track of the monthly Visa Bulletin published by the U.S. Department of State. The Visa Bulletin shows the cutoff dates for each visa category and country. It is crucial to compare your priority date to the cutoff date listed in the Visa Bulletin to determine whether your priority date is current or not.
If your priority date is earlier than the cutoff date, it means that visas are available, and you can proceed with the next steps of your EB-2 green card application.
If your priority date is not yet current, you will have to wait until it becomes current to move forward with your application. It is important to stay updated with the Visa Bulletin, as priority dates can change from month to month.
Retaining the Priority Date
If you have an approved I-140 immigrant visa petition, but you are unable to proceed with your green card application due to country-specific or category-specific visa backlogs, you may be able to retain your priority date for a future application. This can be beneficial if you need to refile your application or if you have changed employers.
Retaining the priority date ensures that you will maintain your place in line and receive a visa number as soon as it becomes available.
Overall, understanding the concept of priority dates and closely monitoring the Visa Bulletin are crucial for obtaining an EB-2 green card. The priority date determines when you can proceed with the application and ultimately obtain permanent residency in the United States.
Admissibility and Ineligibility Factors
When applying for an EB-2 green card, there are certain factors that can affect your admissibility and eligibility for the card. It is important to understand these factors before starting the application process:
Admissibility Factors
- Criminal History: If you have a criminal record, it may affect your admissibility. Serious crimes such as drug trafficking, murder, or terrorism may make you ineligible for a green card.
- Health Issues: Certain health conditions, such as contagious diseases that pose a threat to public safety, can influence your admissibility.
- Security Concerns: If you are involved in activities that present a risk to national security or are associated with terrorist organizations, it can impact your eligibility for an EB-2 green card.
- Fraudulent Activities: Engaging in fraudulent immigration practices or misrepresenting information can lead to inadmissibility.
Ineligibility Factors
Even if you meet the admissibility requirements, there are additional factors that can make you ineligible for an EB-2 green card:
- Insufficient Education or Work Experience: To qualify for an EB-2 green card, you must have advanced degrees or exceptional abilities in your field. If you do not meet these requirements, you may be deemed ineligible.
- Failure to Secure a Job Offer: An essential requirement for obtaining an EB-2 green card is having a job offer from a U.S. employer. If you are unable to secure a job offer, you may not be eligible for the card.
- Lack of National Interest: The EB-2 green card category requires that your admission be in the national interest of the United States. If you cannot demonstrate that your skills and expertise are needed for the country’s benefit, you may be considered ineligible.
It is crucial to consult an experienced immigration attorney to assess your eligibility and navigate the application process successfully. They can guide you on how to address any admissibility concerns and increase your chances of obtaining an EB-2 green card.
Additional Considerations
In addition to meeting the eligibility requirements and completing the application process, there are a few additional considerations to keep in mind when applying for an EB-2 green card.
Firstly, it is important to note that the EB-2 category is subject to an annual limit on the number of visas that can be issued. This means that even if you meet all the requirements, there may be a waiting period before your visa can be approved.
Secondly, it is recommended to consult with an immigration attorney or experienced professional who can guide you through the application process and ensure that all the necessary documentation is properly prepared. They can also assist with any additional supporting evidence that may be required.
Additionally, it is important to demonstrate that you have the intention to work in the United States in the field for which you are applying for the EB-2 visa. This can be shown through letters of recommendation, job offers, or other evidence of employment prospects in the United States.
Lastly, it is important to keep in mind that immigration laws and procedures can change over time. It is always a good idea to stay informed and updated on any changes that may affect your application.
| Summary: | Applying for an EB-2 green card requires meeting eligibility requirements, completing the application process, and considering additional factors such as visa limitations, legal assistance, demonstrating intent to work in the field, and staying informed on immigration laws. |
Visa Availability
Obtaining an EB-2 green card requires meeting eligibility requirements and going through the application process. However, it’s important to note that there are limits on the number of EB-2 visas available each year.
As part of the employment-based preference category, the EB-2 visa is subject to an annual quota. This means that there is a limited number of EB-2 visas available, and once the quota is reached, no further EB-2 visas will be issued until the next fiscal year.
The annual quota for EB-2 visas is divided into two main categories:
1. EB-2 Visa for Advanced Degree Professionals
This category is reserved for individuals with advanced degrees (such as a Master’s or Ph.D.) or those with exceptional abilities in the arts, sciences, or business. The annual quota for this category is set at 40,040 visas.
When the quota for EB-2 visas for advanced degree professionals is reached, the United States Citizenship and Immigration Services (USCIS) will stop accepting new applications until the following fiscal year.
2. EB-2 Visa for Exceptional Ability Professionals
This category is for individuals with exceptional abilities in the arts, sciences, or business but without an advanced degree. The annual quota for this category is set at 40,040 visas.
Once the quota for the EB-2 visa for exceptional ability professionals is met, USCIS will also stop accepting new applications until the next fiscal year.
It’s important to be aware of the visa availability before starting the application process for an EB-2 green card. Consulting with an immigration attorney can help ensure that you understand the current visa availability and plan your application accordingly.
Processing Time
The processing time for an EB-2 Green Card can vary depending on several factors. These factors include the current demand for the visa category, the number of applications being processed, and any backlogs that may exist. It is important to note that processing times can also be affected by USCIS workload and other external factors.
Estimated Processing Time
On average, it can take anywhere from several months to over a year to receive a decision on an EB-2 Green Card application. Processing times can fluctuate, so it is advisable to check the USCIS website for the most up-to-date information.
Factors Affecting Processing Time
Several factors can affect the processing time of an EB-2 Green Card application. These factors include:
- The complexity of the case: If there are any issues or complications with the application, such as the need for additional evidence or a request for further documentation, it can delay the processing time.
- Current demand: If there is high demand for EB-2 Green Cards, it can result in a longer processing time as USCIS needs to process a higher number of applications.
- Backlogs: In some cases, there may be a backlog of applications in a specific visa category, which can delay processing times.
It is important to be patient during the application process and to ensure that all required documentation is submitted accurately and in a timely manner. USCIS will notify applicants of any updates or decisions regarding their application.
Applying from within the US
If you are currently in the United States on a valid nonimmigrant visa and wish to apply for an EB-2 green card, you may be eligible to adjust your status without leaving the country.
The first step in the application process is to determine if you meet the eligibility requirements for the EB-2 category. To qualify, you must have a job offer from a US employer that requires an advanced degree or significant work experience in your field of expertise. In addition, you must meet the educational and experience criteria outlined by the USCIS.
Once you have confirmed your eligibility, the next step is to file an I-485, Application to Register Permanent Residence or Adjust Status. This form should be completed accurately and submitted along with all required supporting documents, including evidence of your educational qualifications, work experience, and job offer.
As part of the application process, you will also need to undergo a medical examination by an authorized civil surgeon to ensure that you do not have any infectious diseases that would pose a threat to public health in the United States.
After submitting your application, you will receive a notice from the USCIS confirming receipt and providing instructions for attending a biometrics appointment. During this appointment, your fingerprints, photograph, and signature will be taken for background and security checks.
Following your biometrics appointment, the USCIS will schedule an interview to discuss your application in further detail. It is important to thoroughly prepare for this interview by reviewing your application and understanding the requirements of the EB-2 category. The interview will also give you an opportunity to provide any additional evidence or clarification if necessary.
If your application is approved, you will receive a notice of approval and your green card will be mailed to you. If your application is denied, you will receive a notice explaining the reasons for the denial and information on how to file an appeal, if applicable.
It is important to note that the application process for an EB-2 green card from within the US can be complex and time-consuming. It is highly recommended to seek the guidance of an experienced immigration attorney to ensure that your application is prepared accurately and to increase the chances of a successful outcome.
Applying from outside the US
If you are currently residing outside the US but wish to obtain an EB-2 Green Card, you will need to follow a specific application process.
Eligibility Requirements:
Before applying for an EB-2 Green Card from outside the US, you must meet certain eligibility requirements. These requirements include:
- Having a job offer from a US employer who is willing to sponsor your application
- Meeting the educational requirements for the EB-2 category, which generally means having at least a master’s degree or its equivalent
- Demonstrating exceptional ability in your field, which can be proven through professional achievements, publications, or recognition
Application Process:
Once you meet the eligibility requirements, you can begin the application process for an EB-2 Green Card. The steps involved typically include:
- Labor Certification: The US employer must first obtain a labor certification from the Department of Labor. This certification ensures that there are no qualified US workers available to fill the job position.
- I-140 Petition: After obtaining the labor certification, the employer will file an I-140 petition on your behalf with the US Citizenship and Immigration Services (USCIS). This petition is used to demonstrate your eligibility for the EB-2 category.
- Priority Date: Once the USCIS approves the I-140 petition, a priority date will be assigned to you. This date determines your place in the queue for visa availability.
- Visa Application: When your priority date becomes current, you can proceed with the visa application. This involves submitting various forms and supporting documents to the Department of State.
- Consular Interview: If your visa application is approved, you will be scheduled for a consular interview at the US embassy or consulate in your home country. This interview is conducted to determine your admissibility to the US.
- Obtaining the Green Card: If your application is successful, you will be issued an immigrant visa, which grants you lawful permanent residence in the US. Once you enter the US with the immigrant visa, you can then apply for your physical Green Card.
Note: The application process for an EB-2 Green Card from outside the US can be lengthy and complex. It is recommended to seek professional assistance or consult an immigration attorney to ensure a smooth and successful application.
Family Members
In the process of obtaining an EB-2 green card, immediate family members can be included in your application. Immediate family members are defined as your spouse and unmarried children under the age of 21. Including your family members in your EB-2 green card application allows them to also become permanent residents of the United States.
When including your family members in your application, you will need to provide the necessary documentation and evidence to establish the relationship. This includes providing marriage certificates, birth certificates, and any other relevant documentation that proves the familial relationship. It is important to note that family members included in the application must meet all eligibility requirements for the EB-2 green card.
Once your family members are included in your EB-2 green card application, they will be subject to the same application process and eligibility requirements as the primary applicant. This means that they must meet the educational and work experience criteria, as well as the labor certification requirement, if applicable. It is essential to ensure that your family members meet all the qualifications before including them in your application.
Including your family members in your EB-2 green card application can provide several benefits. It allows your immediate family members to join you in the United States as permanent residents, granting them the same rights and privileges as you. They will have the opportunity to work, study, and live in the United States permanently.
It is important to note that including family members in your application may also affect the overall processing time. Each family member included in the application will need to go through individual background checks and processing, which can prolong the overall processing time for the entire family. It is advisable to consult with an immigration attorney or qualified professional to understand the implications and requirements of including family members in your EB-2 green card application.
| Family Member | Relationship | Evidence Required |
|---|---|---|
| Spouse | Married | Marriage certificate |
| Children | Unmarried and under 21 years old | Birth certificates |
Employment Authorization Document
An Employment Authorization Document (EAD) is an important document in the EB-2 Green Card application process. It is also known as a work permit, allowing foreign individuals to legally work in the United States. Having an EAD is a requirement for many non-U.S. citizens to be able to work in the country.
Why is an EAD necessary?
Obtaining an EAD is an essential step for individuals who are applying for an EB-2 Green Card. It serves as proof that the person is authorized to legally work in the United States. Without an EAD, an individual may face serious consequences for working without authorization, including deportation.
How to get an EAD?
To obtain an EAD, individuals must submit Form I-765, Application for Employment Authorization, to the U.S. Citizenship and Immigration Services (USCIS). Along with the completed form, applicants must include the necessary supporting documents, such as a copy of their passport, visa, and other identification documents.
Once USCIS receives the application, they will review it and make a decision on whether to grant the EAD. The processing time varies, but it typically takes a few months to receive a decision. If approved, the EAD will be mailed to the applicant’s address.
What can I do with an EAD?
With an EAD, individuals can legally work in the United States. They can accept employment offers, work for an employer, and be paid for their services. The EAD is typically valid for one year, but it can be renewed if needed.
It’s important to note that an EAD is specific to the individual and may be limited to certain occupations or employers. It’s essential to comply with the terms and conditions of the EAD and not engage in any activity that exceeds the authorized scope of employment.
Overall, an Employment Authorization Document is a vital document in the EB-2 Green Card application process. It allows foreign individuals to legally work in the United States and is necessary for employment-based immigration.
Traveling Outside the US
If you have obtained an EB-2 Green Card, you are allowed to travel outside the United States. However, there are some important things to keep in mind to ensure you maintain your residency status and re-entry into the country.
Re-entry Permit
Before leaving the US, it is recommended to apply for a re-entry permit. This permit allows you to travel outside the country for up to two years without abandoning your permanent residency status. It is advisable to apply for a re-entry permit at least 60 days before your planned departure. The application process requires submitting Form I-131, Application for Travel Document.
Periods of Absence
While holding an EB-2 Green Card, it is important to not spend extended periods of time outside the US. If you spend more than six months abroad, it may raise questions about your intent to maintain permanent residency. If you need to be outside the country for longer than six months, it is recommended to apply for a re-entry permit to avoid any potential complications.
Documentation and Entry
When returning to the US, you will need to present your valid EB-2 Green Card at the port of entry. In addition, it is advisable to carry supporting documentation such as employment verification, proof of ties to the US, and any other relevant documents that can help establish your intention to maintain residency in the US.
It is important to note that while traveling outside the US, your physical presence in the country may be considered when applying for naturalization. Extended periods of absence could affect your eligibility for US citizenship.
Additionally, it is always recommended to consult with an immigration attorney or seek guidance from the United States Citizenship and Immigration Services (USCIS) for specific guidance and requirements related to traveling outside the US while holding an EB-2 Green Card.
Renewal and Maintenance of the Green Card
Once you have obtained your EB-2 Green Card, it is important to understand the process for renewing and maintaining your status as a permanent resident. The United States Citizenship and Immigration Services (USCIS) requires green card holders to renew their cards every ten years. Renewing your green card ensures that you have valid and updated documentation of your permanent resident status.
To initiate the renewal process, you will need to file Form I-90, Application to Replace Permanent Resident Card, with the USCIS. It is crucial to submit the Form I-90 within six months before the expiration of your current green card. Failing to renew your green card in a timely manner could result in losing your status as a permanent resident. Therefore, it is essential to keep track of the expiration date and initiate the renewal process well in advance.
Along with the Form I-90, you will need to provide supporting documents such as proof of your identity, proof of your permanent resident status, and any other documents requested by the USCIS. It is advisable to carefully review the instructions provided by the USCIS and follow the guidelines to ensure a smooth renewal process.
Additionally, it is important to maintain your green card and comply with the rules and regulations associated with it. This includes notifying the USCIS of any changes in your address within ten days of moving. Failure to comply with this requirement may lead to legal consequences and delays in the renewal process.
Furthermore, if you plan to travel outside of the United States for an extended period of time, it is vital to obtain a re-entry permit to ensure your ability to return to the country. This permit allows green card holders to travel abroad for up to two years without abandoning their permanent resident status.
In summary, renewing and maintaining your green card is an essential responsibility as a permanent resident. By staying proactive and adhering to the necessary procedures, you can ensure the validity and continuity of your status in the United States.
Green Card Portability
Green Card Portability is a provision that allows certain individuals with an EB-2 visa to change employers or job positions without jeopardizing their green card application. This provision is beneficial for individuals who are in the process of obtaining their green card through the EB-2 category and wish to continue working in their field of expertise.
Under the Green Card Portability provision, individuals with an approved Form I-140, Immigrant Petition for Alien Worker, who have been in the process of obtaining their green card for 180 days or more can change employers or job positions while preserving their eligibility for the EB-2 green card. This provision provides greater flexibility for EB-2 visa holders, allowing them to explore new job opportunities or advance their careers without having to start the green card application process from scratch.
However, it is important to note that there are certain eligibility requirements that individuals must meet in order to take advantage of the Green Card Portability provision. These requirements include:
| 1. | The individual must have an approved Form I-140 in the EB-2 category. |
| 2. | The individual must have been in the process of obtaining their green card for 180 days or more. |
| 3. | The new job position must be in the same or a similar occupational classification as the original job position mentioned in the Form I-140. |
| 4. | The individual must continue to have a job offer from a U.S. employer. |
| 5. | The new job position must still require the same qualifications as the original job position. |
| 6. | The individual must notify the USCIS of the job change by filing Form I-485, Application to Register Permanent Residence or Adjust Status. |
By meeting these requirements, individuals with an EB-2 visa can take advantage of the Green Card Portability provision and have greater flexibility in their career choices while continuing their journey towards obtaining a green card.
Q&A:
What is an EB-2 Green Card?
An EB-2 Green Card is a type of employment-based immigrant visa that allows foreign professionals with advanced degrees or exceptional ability in their fields to live and work permanently in the United States.
What are the eligibility requirements for an EB-2 Green Card?
To be eligible for an EB-2 Green Card, applicants must have either an advanced degree or its equivalent, or possess exceptional ability in the sciences, arts, or business. They must also have a job offer from a U.S. employer and demonstrate that their employment in the United States will benefit the national interest.
What is the application process for an EB-2 Green Card?
The application process for an EB-2 Green Card involves several steps. First, the applicant’s employer must file a Form I-140, Immigrant Petition for Alien Workers, on their behalf. Once the petition is approved, the applicant can then file a Form I-485, Application to Register Permanent Residence or Adjust Status, to adjust their status to that of a permanent resident. Additional documentation and fees will need to be submitted along with the forms.
How long does it take to obtain an EB-2 Green Card?
The processing time for an EB-2 Green Card can vary depending on various factors, such as the applicant’s country of origin and the current backlog of applications. On average, it can take anywhere from several months to a few years to obtain an EB-2 Green Card.
Can I apply for an EB-2 Green Card if I do not have a job offer from a U.S. employer?
No, a job offer from a U.S. employer is a required component of the EB-2 Green Card application. The applicant must have a permanent job offer for a position that requires an advanced degree or exceptional ability.