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Relocate Your Family to the US With The EB-2 Visa

Fulfilling the dream of moving your family and working in the United States is possible through an EB-2 Visa with the right mix of talent, education, and work background. EB-2, or employment-based immigrant visa second preference category, capitalizes on a foreign national’s expertise and exceptional ability. Furthermore, EB-2 visa holders can bring their family members, including spouses and children below 21, with them. This article covers the intricacies of the EB-2 visa application to help you determine if this can help you in getting a green card. 

Employment-Based Immigrant Visa

There are two subcategories under the second preference or E2 visa which you may explore. 

1 EB-2a visas. This is for individuals who hold advanced degrees or equivalent work experience. There are three candidate profiles that fit this subcategory. The first is someone who achieved an advanced degree in the United States on top of his bachelor’s degree. The second is a foreign national with a degree awarded in his home country or any other country outside the U.S., but deemed equal to an advanced degree earned in the U.S. The third is an individual, who only finished the baccalaureate level, but has at least five years of continuous and progressive work experience in the specialty area studied. 

If you fit any of these three profiles, contact an experienced immigration attorney to get you started in the process of selecting and applying for a visa. You will need your official transcript of records to prove your degree, or letters of recommendation from your former employers as proof of your expertise.

2 EB-2b visas. There is only one candidate profile for this type of visa: someone whose expertise in the field of arts, science, or business expertise is significantly above average, has been given a job offer from a U.S. company and has an approved individual labor certification issued by the U.S. Department of Labor. 

If you fit this profile, you will have to show at least three of the following documents: 

  • official academic records
  • graduation diploma
  • certificates and awards from a learning institution known to operate in your field of exceptional ability
  • proof of having 10 years of work experience in your expert field
  • a license or certification
  • salary history that supports your exceptionalism
  • membership cards in professional associations
  • certificate of recognition from peers, government or business entities, or 
  • any other supporting documents.

EB-2 VisaNormally, an employer petitions on behalf of the employee for this immigration process to work. Prior to this, the employer must have posted the position offered to you through recruitment advertisements, and have failed to find a qualified U.S. citizen to fill the hiring need. This justifies why you are needed by the company. The company petitioning you will then submit the “Petition for Alien Worker” (Form 1-140).

In some cases, immigrants may petition for a national interest waiver (NIW) which essentially requests being exempted from the need to have an offer of employment and to go through labor certification. Only those who can prove that their experience or ability will be of national interest to the United States can be awarded an NIW which has a faster processing time.

The Meaning Behind the Visa Number

There are many types of employment-based visas–EB-1, EB-2, EB-3, EB-4, and EB-5. However, there are only a set number of this type of visa released annually. As such, the numbers in the name indicate the preference category by which visas are awarded. Having a higher number (such as EB-1) means being higher on the priority list of potential awardees. 

Nevertheless, filing for category 2 does not mean that you won’t get a chance at permanent residency. As long as you fit the target foreign national, you have evidence to back up your claim, and you have an experienced immigration lawyer by your side, you have the best chance for a successful and smooth visa application process.

Contact an Immigration Lawyer for the Assistance You Need

Each year, the United States approves more than 100,000 immigrant visas to foreign citizens wishing to immigrate based on job skills and eventually apply for a green card. This year, don’t miss your chance of becoming one of the future permanent residents. The immigration lawyers at AmLaw Group are ready to help you evaluate your options and choose the best path. Call us today at (305) 509-6400 to learn more about how our experienced team can help.

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