All about EB-2 Green Card | EB2-NIW

Get all your questions answered in our FAQ. Full and clear information on EB-2 Green Card \ EB-2 NIW

What is the EB-2 immigrant visa category?

The EB-2 is a green card application for: – Members of professions that hold advanced degrees or equivalent. – Individuals who, because of their exceptional ability in the sciences, arts or business, will substantially benefit the American economy, cultural or educational interests. “Advanced degree” means: (a) a US academic or professional degree or a degree equivalent to that of a bachelor’s degree; or (b) a US baccalaureate or foreign equivalent degree followed by at least five years of progressive specialty experience. “Individual of exceptional ability” is one who exhibits at least three (3) of the following:

  1. A diploma or other academic certificate in the field related to the individual’s area of exceptional ability;
  2. Letters from current or former employers evidencing at least 10 years of experience in the field;
  3. A professional license or certification in the field;
  4. Evidence that the individual earned a high salary based on his or her exceptional ability;
  5. Membership in professional organizations or associations;
  6. Recognition of achievements, awards, and significant contributions to the field by peers, government entities, and/or professional or business organizations.
What form is used to file under the EB-2?

Form I-140 (Immigrant Petition for Foreign Worker) is used regardless of whether you are a National Interest Waiver or not.

Can I file an EB-2 petition and a petition for other categories simultaneously?

Yes. But you must complete a separate I-140 Form with the required fee and supporting documentation for each visa category applied for. Do not mark several categories on an I-140 form.

Can I apply for Premium Process for my EB-2 petition through I-140 form?

No. It is not possible to do an Application for Premium Processing Service for EB-2.

What is the I-140 application fee?

The USCIS application fee for the I-140 form is US$700.

Regarding my family, are they also beneficiaries of my I-140 petition?

Your spouse and children under 21 are derivative beneficiaries if your I-140 is approved.

Can I withdraw after I have applied for the EB-2?

Yes, the petitioner or legal representative can send a letter to the USCIS requesting the withdrawal of the I-140 petition.

If an EB-2 petition is rejected or denied, how long will I have to wait to apply again for EB-2 or another category?

The law does not contain restrictions on when you can file a new EB-2 petition after a previous application has been rejected. A previously rejected petition does not prevent you from submitting another petition at a later date, regardless of the classification in question.

What is a letter of recommendation?

A letter of recommendation, also called a reference letter, is a letter written by an expert in the foreign field or other person with authority in the allied or related field. Letters of recommendation are essential in petitioning for employment-based immigration benefits. Since immigration officials are not experts in an academic field, the only way to determine whether you qualify for the standard set by law (exceptional ability) is to examine the evidence presented. A letter of recommendation, therefore, is among the most important proofs.

How many letters of recommendation are needed?

There is no specific number of letters set by the USCIS. We recommend including three to seven letters of recommendation in an EB-2 case.

What if I change jobs while my EB-2 petition is pending?

If you petition for yourself as a National Interest Waiver and change employer, it will have no effect on the status of your case and your petition will remain active. If your employer sponsors your petition, and you change employers, a new petition may be required.

Can an F-1 student visa holder apply for the EB-2 green car?

Upon some specific requirements, such as staying for a certain period within the country, it is possible to request a change from F-1 to EB-2.

Do I have to be in the USA to apply for the EB-2 visa?

No, you do not need to be in the USA to file a petition. In fact, many EB-2 applicants file from abroad. If you are not in the USA, you will have to go through consular processing.

Do I have to work in my field?

Yes. You will need to show that you intend to work in the field through which you achieved your exceptional ability or advanced degree.

Do I need letters of reference for me to qualify?

Yes, letters of reference or letters of recommendation are necessary for the examiner to understand your field of expertise and also to obtain proof that you are recognized in your field.

How long does a Green Card obtained through EB-2 remain valid?

Employment-based green cards are valid for a period of ten years. At the end of the validation period, you will have to register to renew your green card. As long as you have maintained your status (e.g., you are still working in your field, have not committed any crimes, etc.), you should have no problem renewing your green card.

How long will it take to process my petition?

The time it takes to process your petition depends on the number of cases under review at the location where your case is being evaluated. However, based on reports from those currently applying for an EB-2 green card, it takes an average of 14 months for your petition to be processed.

What is consular processing?

Consular processing means that the visa or green card will be processed by the US consulate or embassy in your country of origin. This means that a State Department consular officer will adjudicate your case after USCIS has done the first review and has given approval.

Who needs to go through consular processing?

Consular processing is intended for those outside the US at the time who apply for a green card. Now those who are inside the USA at the time and requesting the issuance of a green card can take advantage of the so-called “status adjustment”

Which is better to do, consular processing or adjustment of status?

That depends on your circumstances. If you have the option, you will have to consider both the processing time and the travel hassle involved. Consular processing requires you to attend an appointment at the US consulate or embassy in your country of origin. On the other hand, a status adjustment can take more than six months for it to be processed. You will not, however, need to travel or attend an interview and, as a rule, you will be prohibited from leaving the USA during the processing time.

Do I have to go through an interview?

Yes.

What kind of questions will be asked about me in the interview?

Some of the most common questions that are asked in an EB-2 interview include about your plans in the USA, your experience, your exceptional ability and your arrangements in the USA. Respond honestly and accurately. Never lie; if you do not know the answer, honestly say you do not know. Your attorney can guide you on your specific case.

Why was my petition denied?

If you were denied your EB-2 petition, then the USCIS will provide you with the reasons for the denial in a letter sent to you.

Can I appeal the decision rejecting my green card application?

Yes.

Is there a “national interest waiver”/” national interest waiver” (NIW)? And if so, what is it? Can an entrepreneur qualify for an NIW?

Yes. The “National Interest Waiver/NIW” releases the petitioner from the normal requirement for an offer of employment and therefore obtaining a US Department of Labor certification. Entrepreneurs, self-employed professionals and others may obtain a waiver of the job offer requirement when NIW requirements are met.

What are the advantages of filing for immigration with NIW?

One of the most notable advantages of the EB-2 NIW – National Interest Waiver category is that the green card petitioner does not need sponsorship from a US employer, meaning he can apply on his own behalf.

Who qualifies for a Green Card Through EB-2 NIW?

In addition to the normal EB-2 requirements, to qualify for the NIW, an individual must prove that (i) his plans to work in the USA have intrinsic merit and are of national importance, (ii) that he is well positioned to implement those plans and (iii) that the United States would benefit from its plans in such a way as to justify passing the case without an offer of employment from an American company.

How can our immigration lawyers help you?

The EB-2 is not an easy green card to obtain, but the benefits are numerous. Having an expert accompany the process from the beginning is to take care of problems before they arise and ensure a greater chance of success.

Schedule a meeting with our specialists.

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