The Houston Guide to Green Cards EB2
If you are in need of an employed-based permanent residency in the US, the EB2 visa is perfect for you. To qualify for this visa, you only need to have a degree and above in a particular field. You will also need to have experience in this area. Here is a bit more information that we at RunRex have prepared for you.
Who Can Access the EB-2 Visa?
This visa is open to all foreigners wanting to make an employment-based move to the US. As long as they have an advanced degree or specialized skills, they qualify. With this visa, you will be able to earn permanent residency in the country.
Each year, the US immigration department allocates 40,000 slots for this visa. If approved, this permit has many incentives. The main reason why this visa has become so popular is that it is one of the fastest routes to gain entry into the US.
However, each application is thoroughly scrutinized before being approved. It is recommended that an attorney be present throughout the entire process. Having an attorney is worth it. He or she can help to expedite the process and avoid being denied the visa. Having been dismissed once, it may push you to the end of the queue as you have to start all over again and bear all the costs.
The EB-2 Visa Applicant’s Family
The EB-2 visa applicant has the right to bring his or her immediate family with them once they are allowed to migrate to the US. It will include a wife and any minors that have not married.
The spouse will be eligible to work in the US if he or she applies for an Employment Authorization Document. He or she will enjoy the full rights and privileges of working in the US.
Eligibility for the Visa
The visa has three subcategories under which a person can be eligible for permanent residency in the US.
- EB-2 (A)
This category applies to those who have advanced degrees. They can be holders of a Bachelor’s degree with a lot of experience, a Master’s or a Ph.D. Additionally if they have a degree in law or medicine, they qualify. However, they need to have received a job offer for employment in the US to qualify.
- EB-2(B)
This category is for those who have received a job offer from a company based in America. This foreigner has to prove that he or she has exceptional abilities in business, medicine, art, athletics, or science. He or she may be required to have an advanced degree and ten years of experience in the field in which he or she applies.
- EB-2(C)
This category is for foreigners who have received a National Interest Waiver. Alternatively, he or she must prove that the talents that he or she possesses will be of great national interest to the US. All that is needed is for the person to show that he or she has a significant positive impact on the US.
Required Documents
An EB-2(A) applicant will need to provide proof that he or she has an advanced degree or a Bachelor’s degree with at least five years in America. Documentation of proof there is a job offer in the US is also needed.
For the EB-2 (B) and (C) visa, there is need to provide proof of these things:
- documentation of academic qualification in the field they claim to have studied
- at least ten years of experience in the field claimed to be an expert on
- a professional license to practice in that area, proof of a salary earned in those ten years
- evidence of peer recognition
- documentation by professional organizations
PERM Certification
For anyone who makes an offer through the EB-2 visa, he or she will need to use PERM. This process will require the employer advertise the job in the US and only hire the foreigner after Americans fail to accept the job offer.
The DOL is in charge of PERM certification. Also, the department issues any permits to all employers. The employer has to submit the license with all proper documentation for approval.
Qualification Vs. the Job Offered
Some of the jobs offered will be easy to match such as lawyers or doctors. However, others may not be so easy to match. It is thus vital that the employer keep the job description as simple as possible. It will prevent his application from being declined due to inconsistencies. Besides that, these extra qualifications may be seen as an attempt to lock potential US employees.
The Required Work Experience
Any employee that hopes to benefit from EB-2 visa must have held a job for at least five years before the application process starts. The authorities are quite strict on this. An application could be disqualified based solely on this. It is especially the case for those with a Bachelor’s degree.
Summary
To make it through the EB-2 visa application successfully, you should get in touch with a law firm. Look for one that specializes in immigration issues such as RunRex; you will get the best legal advice possible.