Obtaining an EB2 Green Card
Pursuing an EB2 Green Card is merely one of the immigration paths available. The Law Offices of Leonelba Martinez can offer information and resources. Call now!
Attorney Leonelba Martínez (Founder)
Green Card EB2 Priority Date
Individuals all over the world dream of moving to the U.S. However, the immigration process can be a tedious process. Plus, not everyone is eligible.
EB-2 visas are employment-based visas that are available to foreign nationals. This type of visa requires a sponsor, usually an employer.
Although the process may seem straightforward, an employment immigration attorney can help you resolve any employment-based immigration matters that may occur along the way.
Who Qualifies for EB2 Green Card?
An EB-2 visa is only available to individuals with advanced degrees or exceptional abilities. However, a bachelor’s degree with 5 years of experience can also suffice. Evidence can also include an official academic record showing an advanced degree or foreign equivalent degree, as well as letters from current or former employers confirming at least five years of progressive post-baccalaureate work experience in the specialty.
However, an individual can also apply for a National Interest Waiver to obtain an EB-2 visa. These applicants don’t need a sponsor or labor certification, so they can submit their own petitions. However, they must meet several requirements, including having exceptional ability or advanced degrees, and the proposal must involve substantial merit and national significance. Thus, the labor certification could be waived in the interest of the United States.
EB-2 visas require a number of documents, so it may be best to seek the assistance of a Boynton Beach immigration lawyer.
What Is the EB2 Green Card Processing Time?
The average processing time for Form I-140 can take anywhere from 6 months to over two years. The time needed to process this petition depends on which service center is processing the petition. In any case, foreign workers must wait for a visa to become available after their applications have been approved. Waiting times largely depend on the applicant’s country of origin.
The additional waiting time depends on the circumstances of the case. For example, if the applicant applies via consular processing from abroad, then a reply will take several months.
Important Steps of the EB2 Green Card Process
Several pre-filing steps must be completed before the employer submits Form 9089 – officially known as the Application for Permanent Employment Certification. For example, they have to ensure that the wage offered is equal to or greater than the “prevailing wage” in the given field. In addition, employers must demonstrate their ability to pay the offered wage.
As soon as these pre-filing steps have been completed and the permanent labor certification is obtained, Form I-140, Petition for Alien Worker, can be filed with the United States Citizenship and Immigration Services (USCIS).
Can EB2 Get a Green Card?
Yes, you can obtain a green card (permanent residence) through the EB2 visa based on having a job offer from a U.S. company. Even though permanent residency is generally permanent, there is still a possibility of getting deported. That is why it is crucial to have a deportation defense attorney at your side in such a case.
EB2 Green Cards: Should You Hire an Attorney?
Once a foreign national obtains an EB-2 visa, they are considered a lawful permanent resident of the United States. In addition, their immediate family members may be eligible for admission to the United States.
It’s not recommended to deal with U.S. immigration law by yourself. These laws are complicated and constantly changing. Whether you need the services of an employment visa lawyer or a family immigration lawyer, the Law Offices of Leonelba Martinez is your go-to place!