Employment-Based Second Preference Immigrant Visa EB-2
Valuable specialists with good education and work experience or talented people of arts, science, business come to the United States under the EB-2 program. An important requirement is the presence of an employer interested in a foreign employee, since a number of papers are drawn up by the inviting party. The fuss and bother with the documents is worth it: the employee moves to the United States with his family, receives a green card, gets career prospects and the status of an international specialist. After five years of permanent residence in the country, you can apply for American citizenship.
Program's details
- Suitable for valuable professionals people of science, art or business
- Green card (permanent residence permit) immediately after entering the USA
- For the whole family spouse and children
- American passport after 5 years with a green card
- Obligation to stay in the United States more than 183 days per year
- The right to work for spouses
- Education in the USA for children and spouse
- 15 to 180 days consideration of the application
The official website of the program
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About the Program
Moving to the United States under the EB-2 program is available to people with work experience, high-quality education, and those who have outstanding abilities in or are valuable in terms of national interests.
At the same time, it is necessary to find an employer in the States in advance and to prove your competence with some documents according to certain criteria. You can move to the United States with your spouse and children with the EB-2 visa and apply for a green card upon your arrival. After five years of permanent residence in the country, you can obtain American citizenship.
A big plus of this program is that there are no requirements regarding your capital and terms of work in an American company. Good education, coupled with work experience, is in no way inferior to special professional achievements. There is a small minus - permanent resident status requires you to stay in the United States for at least 183 days per year.
There are three categories of EB-2 applicants:
- EB-2A (Advanced Degree) for bachelors with five years of experience in the specialty or for masters with 1-3 years of work experience;
- EB-2B (Exceptional Ability) for those who demonstrate exceptional ability in science, art or business;
- EB-2C (National Interest Waiver) for those who are in the national interests of the United States, uphold American values and are able to contribute to the development of the country.
When hiring a foreigner under the EB-2 program, the employer goes through a series of procedures that prove interest in the candidate, his solvency, and the lack of such specialists in the US domestic market. The interest is confirmed by the I-140 petition signed by the employer, as well as a certificate from the Department of Labor (PERM - permanent labor certification program). The employer draws up an application for the certificate.
Only an applicant for the EB-2C category may not look for an employer in advance and also may refuse the PERM labor certification, but in this case, he undertakes to draw up the documents independently, including the I-140 petition, and applies directly to USCIS (United States Immigration Service).
The processing time for these visa applications varies and depends both on whether the applicant has collected all confirmation of competence in advance or whether it is necessary to fill out the case from scratch; from the quickness of the employer; on whether officials will require additional documents during the review process. On average, the whole process takes from 5-8 weeks weeks to six months.
Important!
Businessmen applying for an EB-2B visa have the option to relocate to the United States to work for their company. It can be either a recently opened legal entity or a company with a long-term business reputation in the international market.
Requirements for Applicants for a Green Card
- EB-2A
Advanced Degree
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The applicants should confirm the following:
- Official job offer from an American employer, certificate from the Department of Labor
- Completed bachelor's degree and at least five years of experience in the specialty (letters of recommendation from employers) or a master's degree and from 1-3 years of experience in the specialty
- The applicant's work experience and qualifications should meet the US job requirements
- EB-2B
Exceptional Ability
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The applicants should meet at least three criteria:
- Completed higher education (or one of its equivalents), confirmed by a certificate from the university
- At least ten years of work experience in the specialty, which is confirmed by an official letter from the employer
- License that gives the right to practice in the United States
- High level of income from work in the specialty (confirmed by financial documents)
- Membership in a professional association
- Proof of outstanding ability (letters of recommendation from colleagues, government agencies, companies, professional organizations, as well as diplomas from competitions, etc.)
- Any other strong evidence
- EB-2C
National Interest Waiver
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In addition to the basic requirements for specialists (see section EB-2B), the applicant should meet three criteria of national interest:
- Not only the applicant’s personal achievements in the field are valuable, but also his activities are of national importance.
- The applicant has all the necessary conditions for doing business in the United States
- It would be beneficial for the American authorities to give the applicant a concession and allow immigration without an offer from an American employer and labor certification
When applying for an EB-2 visa for an invited specialist, the employer should confirm not only his interest alone, but also his ability to pay. Financial and tax reports for the enterprise are usually provided, this information confirms the ability to pay the declared salary to a foreigner for a long period (from a year).
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Family
The spouse and unmarried children under 21 years of age move to the US together with the employee under the EB-2 program. Family members also receive a green card upon arrival.
They enter the United States with E-21 and E-22 visas.
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Documents
- I-140 petition
- certificate from the US Department of Labor (PERM)
- valid international passport
- one photo
- documents confirming the candidate's compliance with the criteria (diplomas, certificates, work book, letters of recommendation, confirmation of merit and achievements, etc.)
- CV in English
- invitation from an American employer
- birth certificates of children, marriage certificate
- additional documents (at the request of consular officers)
Additional Expenses
- State fees
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If the applicant is abroad and submits all the documents through the consulate: the consular fee for filing an online application is $318.
If the applicant is already in the United States: $700 is a standard fee for processing an I-140 petition with USCIS; $1,440 is for the fast track review process (15 days).
Registration of a green card (permanent residence permit) after obtaining a visa (entry into the United States): a petition for the issuance of a green card (I-485) and processing of biometric data is from $750 for each family member; $220 is for issuing a green card.
- Legal expenses
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Legal support of the process by an immigration lawyer will cost on average $3,000-5,000.
Important!
Often the employer bears the cost of obtaining a visa.
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Rights and Obligations
- The applicant may work by profession in the USA
- The spouse may get a work permit in the USA
- The children may study in an American school or college
- The applicant should travel abroad for no more than six months per year in order to maintain status
- The applicant may renew the visa while maintaining the basis
- After five years of law-abiding residence in the States with a green card, you may apply for citizenship
- If the reason for the extension of the visa is not preserved, then the whole family should leave the United States
The procedure for obtaining
