The EB-2 visa is a type of United States immigrant visa that allows professionals with exceptional skills in science, art, education, business, or sports and who demonstrate national or international recognition to pursue their careers on the ground.
Once certain conditions established by the US authorities are met, permanent residency can be obtained (green card) includes individuals with advanced degrees in science, technology, engineering, mathematics, medicine, finance, and other academic fields.
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The process involves specific requirements and several steps and it is important to understand each of these items correctly to increase your chances of success. It is recommended to seek the assistance of an experienced immigration attorney to ensure proper compliance with the regulations and increase your chances of obtaining the desired visa.
The applicant must hold a Master’s degree or equivalent, demonstrate advanced skills and knowledge in the field of expertise, and have at least five years of relevant and progressive experience in the field of expertise.
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In addition, a job offer in the United States is required, usually with a letter of support from the employer, which must be related to the area of expertise. On the other hand, the employer must obtain a labor certification from the US Department of Labor to justify that hiring a foreign national will not harm US workers.
The employer or applicant, with the assistance of an immigration attorney, must file an immigration petition for a foreign worker (Form I-140) with the United States Citizenship and Immigration Services (USCIS). This document provides details about qualification, work experience, placement and other supporting documents.
EB-2 visas are subject to a category based on a delivery date priority system (Priority Date), which is determined by the date of receipt of the process by USCIS, which varies by applicant’s need and country.
After the approval of the immigration petition, the applicant has to wait till the current date of delivery to start the next step. At that time, you will have to wait until you get an EB-2 visa number.
If the delivery date is current, you can apply for adjustment of status (if you’re already in the US) or go through the consular process (if you’re overseas). This step includes filling out Form I-485 or attending an interview at a U.S. embassy or consulate in your home country.
On successful completion of the process, the applicant will receive a green cardIt allowed him to live and work permanently in the United States.
Ber Daniel ToledoAttorney specializing in international law at Toledo e Advogados Associados, international business consultant, speaker and partner at LeeToledo PLLC.
Office Toledo and Associated Lawyers Specializes in international law, immigration, investments and international business.
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