Employment-Based U.S Immigration Visa: second preference, also known for EB-2 visa program. It facilitates foreign individuals willing to live in the U.S. However, to get qualified for an EB-2 visa an individual must have an advanced professional degree, exceptional abilities, and a U.S job offer in a respective field. So the question is, why is the EB-2 visa Important? The EB-2 visa holder appraises as a lawful permanent resident of the United States. You can also apply in the Eb2 niw application, present in the subcategory of the EB-2 Visa program. Therefore, scrupulous attention to every detail is needed when approaching any EB-2 visa program. Let’s have a look at the details of the EB-2 visa program.
SUBCATEGORIES OF EB-2 VISA
EB-2 visa program further categorized into three subcategories.
EB-2 for Advanced Professional Degree
Individuals who intend to apply for an EB-2 visa must be a professional advanced degree holder (Bachelor, master, or higher). However, your advanced degree must be in a relevant field offered in the United States. Moreover, You must have at least five years of progressive post-bachelor experience in your profession. If your application is based on a doctoral degree, then you must have a doctorate degree from the U.S. or a foreign equivalent degree. Your professional degree and post-degree experiences play a crucial role in this process.
EB-2 for Exceptional Ability
The individual must have exceptional ability in the field of sciences, arts, or business. It means you have an extraordinary degree of competence significantly above that easily experienced in the field. Along with that, you have to prove that your exceptional ability will substantially benefit the United States. One requirement in an EB-2 visa is that the U.S. employer who offers you a job must apply for your U.S. Sponsorship and Permanent Employment Certification (PERM). The employer must file an l-140 immigrant petition for alien workers and PERM from the Department of Labor on your behalf. Requirements for EB-2 visas and laws for immigrants may change over time. It is necessary to keep yourself up to date through U.S Citizenship and Immigration Service (USCIS) website to check the EB-2 requirements list.
EB-2 National Interest Waiver (NIW)
The third subcategory of EB-2 is the National Interest Waiver EB-2 (NIW) visa. It gives an alternative route to process the EB-2 visa for those who intend to reside in the United States. In this case, NIW waived the process of labor certificate and U.S. job offer from the employer. However, individuals must have proof that their work is in the national interest of the United States, then the individual can apply for a self-petition for EB-2 NIW. Thus there is no need to file the petition by the U.S. employer.
Are you a new EB-2 NIW visa applicant? or willing to apply? Then you have to follow these steps to get eligible for an EB-2 NIW visa.
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Advanced degrees or remarkable abilities:
Individuals must have a record of an advanced degree in higher education or exceptional ability in their relevant field. It is necessary for the applicant to only apply for that U.S. job that requires an advanced degree. However, The criteria for degree and exceptional ability are the same as mentioned in the general EB-2 visa requirements.
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Exempt of the labor Certification:
To get Eligible for EB-2 NIW, individuals do not need labor certification from the U.S Employer. Unlike the general EB-2 visa, the EB-2 NIW visa does not demand a labor certificate from a U.S. employer.
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National interest:
Individuals must prove that their work is in the national interest of the United state. Moreover, the results of their work show the comprehensive benefits to the U.S. economy, culture, health, education, technology, and respective fields.
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Self-petition:
In this visa, you can file a petition as a self-immigrant (petition I-140) for the alien worker. No sponsorship application from the employer is needed.
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Supporting Documentation:
Individuals must submit all kinds of supporting documents to claim that they meet the eligibility criteria of exceptional ability and National interest. It may include awards, publications, letters of recommendation, and all types of evidence that prove your contribution to the respective field and can be a reason to enlighten your career in the United States.
CONCLUSION
You can be a EB-2 visa applicant or a EB-2 NIW visa applicant, one at a time. If you want to choose a fast track for visa approval, it’s suggested that you apply through an EB-2 NIW visa. It is necessary to ensure that you meet all requirements and present a solid and compelling case in your EB-2 NIW visa application. The United States Citizenship and immigration service has a strict and high scrutiny process for these petitions. So you have to be very clear before you apply. Evaluate the difference in all categories and apply accordingly. It suggests that you should take proper assistance from an experienced immigration attorney throughout the immigration process.