The EB2 visa represents an excellent opportunity for professionals with advanced degrees or exceptional talents to live and work permanently in the United States, especially in New York. As with every visa category, its success hinges on understanding the requirements and the application process. So, let’s navigate through this complex process together!
What is an EB2 Visa?
The EB2 Visa or “Second Preference” is an employment-based immigrant visa designed for professionals holding advanced degrees, or persons with exceptional ability regarding arts, science, or business. It’s where your talents or advanced education can open doors to the U.S.
EB2 Visa Explained: Benefits, Requirements, Petitions, Timeline, Process, Cost in NYC
Benefits of EB2 Visa
There are several benefits that make the EB2 visa an attractive route for many aspiring immigrants. With an EB2 visa, you can:
- Live and work permanently in the U.S.
- Bring your spouse and unmarried children under 21 years old to the U.S.
- Travel in and out of the U.S. freely
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Key Requirements for EB2 Visa in NYC
Qualifying for an EB2 visa requires fulfillment of one or more specific criteria:
- Hold an Advanced Degree: The primary requirement is having an advanced degree, which means a master’s degree, a doctorate, or its foreign equivalent. Professionals with a baccalaureate degree and at least five years of progressive work experience in their field may also qualify.
- Exceptional Ability: Applicants must exhibit exceptional ability in the sciences, arts, or business, which refers to a degree of expertise significantly above that ordinarily encountered.
- National Interest Waiver: Some individuals may apply under a national interest waiver if they can demonstrate that their work will substantially benefit the U.S. on a national level, and therefore, they should be exempt from the labor certification and job offer requirements.
Steps in the Process for an EB2 Visa in NYC
The standard process starts with your U.S. employer filing an I-140 Petition on your behalf.
Petition Stage
- PERM Labor Certification: Your U.S. employer starts the process by applying for PERM Labor Certification with the Department of Labor (DOL). This involves proving there are no willing or qualified U.S. workers for the position.
- Form I-140 Filing: After obtaining the PERM certification, the employer files Form I-140 with USCIS. This form is the Immigrant Petition for Alien Worker that requests an EB2 visa for you.
Timeline Considerations
- Petition Review Period: Once submitted, USCIS reviews the I-140 petition, which could take several months. Premium processing is available for an additional fee to expedite this review.
- Visa Bulletin Monitoring: Post-approval, check the DOS Visa Bulletin monthly to determine when your priority date is current. This indicates when a visa number is available for your EB2 application. you can also explore our latest post on What is the Process of Applying EB1 Visa, Cost, Requirements.
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Application Process of EB2 Visa in NYC, NY
- Adjustment of Status (AOS) or Consular Processing: If you’re within the U.S., file Form I-485 for AOS to LPR status when your visa number is available. If outside the U.S., proceed with consular processing at a U.S. Embassy or Consulate.
- Biometrics Appointment: Attend a biometrics appointment if applicable, where your fingerprints, photo, and signature will be collected for background checks.
- Interview (if required): A USCIS interview may be requested for both AOS applicants and those going through consular processing. Prepare all necessary documents and be ready for questions related to your EB2 petition.
- Visa Approval and Issuance: Once the interview is successfully completed, and all necessary checks have been made, the visa is approved. AOS applicants will receive their Green Card in the mail while consular processing applicants will get their visa stamped in their passport.
- Enter or Remain in the U.S.: For consular processing applicants, enter the U.S with an EB2 visa to activate LPR status.
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Costs Associated with EB2 Visa in NYC
Here is a detailed breakdown of the costs typically associated with an EB2 visa application in New York:
- PERM Labor Certification: As part of the first steps of the process, PERM Labor Certification requires a set of recruitment steps including newspaper advertisements, job posting on state’s job bank, etc. This may cost around $2,000 to $5,000 depending on the recruitment channels and region.
- Form I-140, Immigrant Petition for Alien Worker: The filing fee for this form is currently $700. This is the petition that your employer files on your behalf.
- Premium Processing: This optional service is available for Form I-140 filing, which expedites processing to 15 calendar days for a fee of $2,500.
- Visa Number Availability and Vis Bulletin: There are no costs associated with waiting for your visa number to be available.
- Form I-485, Adjustment of Status: This form is filed after the I-140 is approved and a visa number is available. The filing fee varies based on your age. For most adults (between the ages of 14 and 78), the fee is $1,140.
- Biometrics Fee: Additionally, a biometrics fee of $85 applies to those who are required to provide biometrics.
- Travel Fees: If you are applying from outside the U.S., you might have travel expenses associated with attending the visa interview at the U.S. embassy or consulate in your home country. The costs vary based on distance, mode of transport, etc.
- Medical Examination and Vaccination: The USCIS requires a medical examination by an authorized physician. Fees can vary by location, so consult the doctor or clinic directly for details.
- Translation Services: If your documents are not in English, you will need to have them translated by a certified translator. Various factors can influence these fees, such as the number of pages to be translated and the language.
- Attorney Fees: Legal assistance is often recommended for immigration processes. The complexity of your case determines the attorney fees, which can range from $1,500 to $5,000 in most cases.
So, call (347) 907-1248 or contact us to schedule a consultation with The Law Office of Ghenadie Rusu for further assistance in the EB2 visa process. Our expert team, well-versed with the nuances of Immigration laws located in New York, ensures a smooth transition towards your dream destination.
Read More: What is the Process of Applying H1B Visa
FAQs
What is an EB-2 visa in the USA?
The EB-2 Visa is an employment-based immigrant visa available to individuals with an advanced degree (beyond a baccalaureate degree) or exceptional ability in sciences, arts, or business.
How many years does it take to get a green card in EB-2?
The timeline can vary widely. It can take anywhere from one to several years, depending on a variety of factors such as your home country, application processing times, and visa number availability.
How hard is it to get a visa for EB-2?
The difficulty in obtaining an EB-2 visa is influenced by various factors, such as the applicant’s qualifications, the availability of U.S. workers for the offered position, as well as the applicant’s home country, which can affect visa availability.
What is the difference between the USA EB-2 and EB-3?
Primarily, EB-2 is geared toward individuals with an advanced degree or exceptional ability, while EB-3 is for skilled workers, professionals, or unskilled workers. Both categories require a U.S. job offer, but EB-2 typically has shorter waiting times for visa availability.
Who is eligible for an EB-2?
To qualify for an EB-2, you must have an advanced degree or exceptional ability in sciences, arts, or business.
Is an EB-2 the same as a Green Card?
Not exactly, the EB-2 is a category of visa that leads to a Green Card (lawful permanent residency). Once the EB-2 visa is granted, the holder becomes a lawful permanent resident.
What are the disadvantages of an EB-2 visa?
The main disadvantages are the lengthy processing times and complexity of the application process. Additionally, it requires a U.S. job offer and Department of Labor certification, which means the employer must prove that there are no qualified U.S. workers for the position.
What is the success rate of an EB-2 visa?
The success rate can vary as it depends on various factors including the qualifications of the applicant and the specifics of their job offer. The U.S. Government does not publicly share detailed success rates for the EB-2 visa category.
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