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EB-2 and EB-3 Visas

If you are an individual who has been offered a position in the U.S., or an individual who does not have a job offer in the U.S. but whose work would be of national importance to the U.S., you may be eligible for an employment visa which will lead to lawful permanent residence, a Green Card, in the U.S.

The EB-2 Visa is for individuals holding advanced degrees or “exceptional ability”.

The EB-3 visa is for those seeking positions requiring 2 years training or experience, professionals whose job requires a baccalaureate degree or equivalent, or “other” unskilled workers.

Why an EB-2 & EB-3 Visa Lawyer

  • Preparation and submission of an extensive application packet, including forms, testimony letters, expert letters, documents showing work of national importance, and more depending on the Applicant’s qualifications.
  • Detailed attorney cover letter outlining the legal requirements, the Applicant’s Background, and how the applicant meets all the requirements using their qualifications.
  • Strategic advice from beginning to end on how to meet the requirements and attorney provides assistance and oversees every single piece of evidence.

EB-2 Eligibility Categories

Applicants must have either an advanced degree or exceptional ability, AND have an offer of employment.

Or applicants must have either an advanced degree or exceptional ability, AND be eligible for a National Interest Waiver.

Requirements for EB-2 Visa Application

Applicants must have either an advanced degree or exceptional ability, AND have an offer of employment.

Or applicants must have either an advanced degree or exceptional ability, AND be eligible for a National Interest Waiver.

Benefits of EB-2 Visa

  • The “exceptional ability” has a lower standard to the “extraordinary ability” requirement for an EB-1, and thus EB-2 may be an alternative option to the EB-1 visa if you do not meet the higher standard for the EB-1;
  • Can get a Green Card;
  • Do not need an offer of employment if you are eligible for a National Interest Waiver;
  • Can get an expedited decision on the visa by using premium processing; and Can also get Green Cards for dependents (spouse and children under 21).

Requirements for EB-3 Visa Application

Applicant must fit have an offer of employment or fit into one the following categories: Skilled Workers, Professionals, or Unskilled or “Other” Workers.

Benefits of EB-3 Visa

  • Do not need an advanced degree but can be eligible based on a Bachelor’s Degree or being a skilled or unskilled worker;
  • Can get a Green Card;
  • Can get an expedited decision on the visa by using premium processing;
  • Can also get Green Cards for dependents (spouse and children under 21); and
  • After a few years with the petitioning Employer, you can change employers and job positions.

FREQUENTLY ASKED QUESTIONS

The position the applicant is seeking must require an advanced degree, or its equivalent (a Bachelor’s Degree plus 5 years experience in the field).

Applicant must be able to demonstrate “exceptional ability” (significantly above that normally encountered) in sciences, arts, business, medicine, or athletics. Evidence requires 3 of 7 USCIS criteria (such as academic records, licenses, letters documenting experience, professional association memberships, recognition in your field, exceptional salary, etc.)

 

*Please note the EB-2 “Exceptional Ability” standard is different from the EB-1 “Extraordinary Ability” requirement. You can learn more about the EB-1 here.

An individual will qualify as a “Professional”  where the position requires a Bachelor’s Degree or foreign equivalent.

An individual will qualify as a “Skilled Worker” for positions that require at least 2 years job experience or training.

An individual will qualify as an “Unskilled or ‘Other’ Worker” where the positions require less than 2 years training, and that are not of a temporary or seasonal nature.

Both the EB-2 and EB-3 Visa require that the applicant go through the PERM Labor Certification Process (an exception can only be made with a National Interest Waiver). The PERM Labor Certification process is where the U.S. Department of Labor (DOL) requires the employer to “test the market” to prove there are no willing or qualified U.S. workers for the position. Both employers and applicants can learn more about the PERM process here.

Applicants seeking a National Interest Waiver are requesting that the PERM Labor Certification process be waived because it is in the best interest of the United States. National Interest Waivers are granted to those who have met one of the advanced degree or exceptional ability standards AND whose work in the United States would greatly benefit the nation. You can learn more about a National Interest Waiver here.

The process for both, based on an offer of employment, is similar.

  • Have an offer of employment and have the employer provide a clear job description. (Not needed if you are applying for a National Interest Waiver).
  • Undergo the PERM Labor Certification process to obtain a labor certification.
  • Once a labor certification is issued, have the employer file an I-140 Immigrant Visa Petition.
  • Once the I-140 Immigrant Visa Petition is approved, file for Adjustment of Status to get your Green Card or apply for an immigrant visa through the Consulate and get your Green Card when you arrive in the U.S.

The process can take from a year to three depending on the employer, how long each step of the process takes, the country of the Applicant’s nationality (for those from India and China, the process is significantly longer), and other individual factors.
Contact us to discuss your individual circumstances and get a more tailored approach.

Sometimes depending on the job qualifications of the position, the Applicant can be eligible for either an EB-2 and EB-3, and it would be more effective to choose one over the other depending on your qualifications and other factors.
Contact us to schedule an assessment to determine your eligibility.

If an I-140 is approved for an EB-2 applicant, their spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-21 and E-22 immigrant status, respectively. If an I-140 is approved for an EB-3 applicant, their spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E34 (spouse of a “skilled worker” or “professional”) or EW4 (spouse of an “other worker”), and E35 (child of a “skilled worker” or “professional”) or EW5 (child of an “other worker”) status.

Schedule your appointment and start your E-2 Visa application



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