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EB-2 Visa: Employment-Based Immigration for Professionals and Exceptional Ability
Welcome to Oliveira Lawyers, your trusted partner for U.S. immigration services. If you are a highly skilled professional or possess exceptional ability in your field, the EB-2 Visa might be the right path for you. Our experienced legal team specializes in EB-2 Visa services, ensuring a seamless application process to help you achieve your U.S. immigration goals.
EB-2 Visa in the US
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What is the EB-2 Visa?
The EB-2 Visa is an employment-based immigration option for professionals with advanced degrees or exceptional abilities in their fields. This visa allows highly skilled workers to obtain permanent residency in the United States, contributing to the country’s workforce in specialized areas such as science, business, arts, and more. The EB-2 Visa is a pathway to the Green Card, granting the opportunity for professionals to live and work in the U.S. permanently.
Definition and Purpose of the EB-2 Visa
The EB-2 Visa is designed to attract professionals who can bring significant expertise to the U.S. economy. This visa benefits individuals with advanced academic degrees or exceptional abilities in specific fields, allowing them to enhance U.S. industries and sectors. By doing so, the EB-2 Visa contributes to technological advancements, economic growth, and job creation within the country.
Eligibility Criteria for the EB-2 Visa Petitioner and Beneficiary
To qualify for the EB-2 Visa, applicants must meet certain eligibility criteria based on their qualifications and the job offer they receive in the U.S. Below are the main requirements:
Advanced Degree or Exceptional Ability
- Advanced Degree Requirement: The applicant must have an advanced degree (Master’s or higher), or a Bachelor’s degree with five years of progressive work experience in their field.
- Exceptional Ability Requirement: Alternatively, individuals with exceptional abilities in fields such as sciences, arts, or business may qualify without an advanced degree, provided they meet the required proven track record of achievement in their area.
Job Offer and Labor Certification
- Job Offer: A valid job offer from a U.S. employer is usually required. The position must be one that demands an individual with an advanced degree or exceptional ability.
- Labor Certification: Employers must obtain a Permanent Labor Certification (PERM) from the Department of Labor to demonstrate that no qualified U.S. workers are available for the job.
National Interest Waiver (NIW) Option
For applicants who can prove that their work is in the national interest of the United States, the National Interest Waiver (NIW) offers an exemption from the job offer and labor certification requirements. Applicants seeking an NIW must show that their work has substantial merit and national importance and that waiving the standard requirements would benefit the U.S.
Importance of Demonstrating Expertise and Contributions
A key aspect of the EB-2 Visa process is proving that the applicant possesses the advanced degree or exceptional ability required for the visa category. Evidence should demonstrate the applicant’s qualifications and the significance of their work in their field. Supporting documentation may include:
- Academic Credentials: Diplomas, transcripts, or other certifications showing degrees earned.
- Professional Experience: Letters from previous employers verifying work experience and contributions.
- Published Work: Articles, papers, or publications that showcase the applicant’s expertise and influence in their field.
Evidence of Advanced Degree or Exceptional Ability
To strengthen the EB-2 Visa application, it is essential to provide clear evidence of the applicant’s advanced qualifications or exceptional abilities. Some examples of relevant documentation include:
- Diplomas and Transcripts: Verifying the completion of advanced degree programs.
- Professional Licenses: Showing the required licensure to work in a particular industry in the U.S.
- Awards and Recognitions: Demonstrating the applicant’s notable achievements in their field.
Compliance with EB-2 Visa Regulations
Adhering to the specific requirements for the EB-2 Visa is crucial for approval. Applicants must submit comprehensive documentation, such as:
- Job Offer Letter: Outlining the terms of employment, including job responsibilities and salary.
- Labor Certification: Proof that the employer has met the Department of Labor’s requirements.
- Statement of Intent: A letter from the applicant or employer stating the intent to work in the U.S. and contribute to the U.S. economy.
Supporting Evidence for the EB-2 Visa Application
Comprehensive documentation greatly enhances the credibility of an EB-2 Visa application. Supporting materials can include:
- Letters of Recommendation: From professionals who can attest to the applicant’s qualifications and contributions.
- Market Analysis Reports: Demonstrating the demand for the applicant’s expertise in the U.S. job market.
- Professional Memberships: Showing involvement in relevant industry organizations.
By assembling and presenting the appropriate documentation, applicants can significantly enhance their chances of securing an EB-2 Visa and contributing their expertise to the U.S. workforce.
EB-2 Visa in the US
How To Get Started
#1 Contact us to get a free quote, or
#2 Schedule a Consultation now.
Benefits of the EB-2 Visa
The EB-2 Visa is designed for professionals with advanced degrees or individuals with exceptional abilities in their fields. This visa category enables qualified individuals to work and reside in the United States, offering a range of benefits that make it a preferred option for many professionals and employers.
Rights and Privileges of EB-2 Visa Holders
The EB-2 Visa provides numerous benefits to both applicants and their families:
- Employment Authorization: EB-2 Visa holders can work in the United States in the area of their expertise.
- Extended Stay: The EB-2 Visa can lead to permanent residency, making it a viable pathway to a Green Card.
- Family Inclusion: Spouses and unmarried children under 21 can obtain derivative visas, allowing them to live and, in certain cases, work and study in the U.S.
- Expedited Processing: Applicants may benefit from the National Interest Waiver (NIW), which expedites the Green Card process without the need for employer sponsorship.
- Pathway to Citizenship: After obtaining a Green Card, EB-2 holders can apply for U.S. citizenship, typically after five years.
Pathway to Permanent Residency (Green Card) for EB-2 Visa Holders
The EB-2 Visa offers a direct route to obtaining a Green Card. Here are the primary pathways:
- Employment-Based Green Card: Through the labor certification process (PERM), applicants can obtain permanent residency based on a job offer.
- National Interest Waiver (NIW): EB-2 applicants can self-petition for a Green Card if they can prove that their work benefits the U.S. on a national level, bypassing the need for a job offer.
- Adjustment of Status: Eligible applicants already in the U.S. on a non-immigrant visa can adjust their status to permanent residency without leaving the country.
Work Authorization for EB-2 Visa Holders
Understanding work rights under the EB-2 Visa is crucial:
- Employment in Field of Expertise: EB-2 Visa holders are authorized to work in positions that match their education, experience, and skill level.
- Spouse Work Authorization: Spouses can apply for work authorization, allowing them to work in any lawful capacity in the United States.
EB-2 Visa Requirements
The EB-2 Visa has specific eligibility requirements for applicants and their employers:
- Advanced Degree Requirement: Applicant must hold an advanced degree (master’s or higher) or a bachelor’s degree with at least five years of progressive experience in the field.
- Exceptional Ability Requirement: Applicant must demonstrate a high level of expertise in the arts, sciences, or business that is significantly above the norm.
- Job Offer Requirement: Generally requires a job offer and a labor certification. However, the National Interest Waiver (NIW) can waive these requirements if the applicant’s work benefits the U.S.
Necessary Documentation for the EB-2 Visa Application
Submitting complete and accurate documentation is essential for the EB-2 Visa application process:
- Form I-140: Immigrant Petition for Alien Workers.
- Educational Credentials: Transcripts, diplomas, and equivalency evaluations if the degree is foreign.
- Evidence of Work Experience: Letters from previous employers detailing the applicant’s duties and timeframes.
- Professional Licenses: If applicable, provide licenses and certifications relevant to the profession.
- National Interest Waiver Petition (if applicable): Documentation proving the work is in the national interest of the U.S.
Medical Examination and Background Checks
Standard procedures for obtaining the EB-2 Visa include:
- Medical Examination: Required by an approved physician to ensure the applicant meets health standards.
- Security Clearances: U.S. authorities conduct thorough background checks to verify eligibility.
Staying informed and prepared with all necessary documentation and requirements ensures a smoother EB-2 Visa application process. By following these guidelines, applicants can effectively navigate the EB-2 Visa process and achieve their goal of living and working in the United States.
EB-2 Visa in the US
How To Get Started
#1 Contact us to get a free quote, or
#2 Schedule a Consultation now.
EB-2 Visa: Application Process
The EB-2 Visa is a preference category for U.S. employment-based permanent residency, designed for professionals with advanced degrees or exceptional ability in their fields. This guide breaks down the EB-2 Visa application process, ensuring you understand the steps required for a successful application.
Step-by-Step Guide to the EB-2 Visa Application Process
1. Determine Your Eligibility
- Advanced Degree: You must have a U.S. advanced degree or a foreign equivalent, or a bachelor’s degree plus five years of progressive work experience in your field.
- Exceptional Ability: If you don’t have an advanced degree, you may qualify under the exceptional ability criterion. This requires proof of a high level of expertise in your field through significant accomplishments or recognition.
2. Labor Certification (PERM Process)
- Employer Sponsorship: In most cases, your U.S. employer must file a labor certification (Form ETA-9089) on your behalf with the U.S. Department of Labor (DOL). This process ensures there are no qualified U.S. workers available for the position.
- Prevailing Wage: Your employer must offer a wage that meets the prevailing wage set by the DOL.
- Recruitment Process: Your employer must demonstrate efforts to recruit U.S. workers, including advertising the position in multiple sources.
3. National Interest Waiver (NIW)
- Self-Petition: If your work benefits the U.S. national interest, you can apply for an EB-2 National Interest Waiver (NIW). This allows you to bypass the labor certification process and self-petition.
- Substantial Merit and National Importance: To qualify, you must prove your work has substantial merit and is of national importance. This could include advancements in science, business, education, or health.
- Entrepreneurs: Business owners, entrepreneurs, and investors can also apply for an NIW by demonstrating that their enterprise has a positive impact on the U.S. economy and job creation.
4. File Form I-140, Immigrant Petition for Alien Worker
- Employer’s Responsibility: Once the labor certification is approved (or if applying for an NIW), your employer must file Form I-140 with the U.S. Citizenship and Immigration Services (USCIS).
- Supporting Documents: The petition must include evidence of your qualifications, such as degrees, work experience letters, or proof of exceptional ability (if applicable).
5. Adjustment of Status or Consular Processing
- Adjustment of Status (Form I-485): If you are already in the U.S. on a nonimmigrant visa, you may apply for an adjustment of status to become a lawful permanent resident.
- Consular Processing: If you are outside the U.S., you will need to apply for an immigrant visa at a U.S. consulate in your home country.
6. Interview and Final Steps
- Interview Requirement: You may be required to attend an interview at a USCIS office or U.S. consulate to confirm the details of your application.
- Green Card Issuance: Once your application is approved, you will receive your green card, allowing you to live and work permanently in the U.S.
Timeline and Processing Times for EB-2 Visa
The EB-2 Visa process can vary depending on the specific category and the applicant’s country of origin. Below is a general overview of the expected timeline:
- Labor Certification (PERM) Processing: 6-8 months
- I-140 Petition Processing: 4-6 months
- Adjustment of Status or Consular Processing: 6-12 months
- Total Time: 16-26 months (may vary based on individual circumstances and current processing times)
By following the necessary steps and ensuring your application is complete and accurate, you can navigate the EB-2 Visa process more efficiently.
Common Challenges and How to Overcome Them
Applying for an EB-2 Visa can be complicated due to various legal and procedural requirements. Knowing the potential challenges can help you prepare and avoid common pitfalls. This section outlines typical challenges faced during the EB-2 Visa process and offers practical solutions to address them effectively.
Typical Issues Faced During the EB-2 Visa Application Process
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Meeting Educational and Experience Requirements
- Challenge: To qualify for the EB-2 Visa, you must have an advanced degree or demonstrate exceptional ability in your field. Failure to meet these requirements can lead to petition denial.
- Solution: Provide clear and comprehensive documentation of your academic qualifications, professional certifications, and work experience. Include recommendation letters and any industry awards to strengthen your application.
-
Labor Certification (PERM) Approval
- Challenge: The PERM process can be complex and requires the employer to demonstrate that no qualified U.S. workers are available for the position. Incorrect filing or inadequate recruitment efforts can cause delays or rejections.
- Solution: Work closely with your employer and an experienced immigration attorney to ensure compliance with all Department of Labor requirements. Maintain a record of recruitment efforts and document the absence of qualified U.S. applicants.
-
Priority Date Backlogs
- Challenge: Applicants from certain countries (e.g., India, China) may experience long wait times due to visa backlogs, leading to delayed processing.
- Solution: Regularly check the Visa Bulletin for current priority dates. Consider alternative immigration options, such as the EB-1 Visa, if you qualify.
-
Document Accuracy and Consistency
- Challenge: Errors or inconsistencies in the documentation can lead to Requests for Evidence (RFEs) or denial.
- Solution: Double-check all forms and supporting documents for accuracy and consistency. Keep copies of all submissions and respond promptly to any USCIS requests.
-
Employer Compliance
- Challenge: The sponsoring employer must adhere to strict legal guidelines throughout the process. Non-compliance can jeopardize the petition.
- Solution: Ensure your employer is aware of all compliance obligations. It’s advisable to have an immigration attorney review all employer documentation to prevent issues.
Tips for Strengthening Your EB-2 Visa Application
-
Educational Documentation:
- Submit copies of diplomas, transcripts, and professional certifications. Include detailed resumes highlighting experience and achievements.
-
Letters of Recommendation:
- Obtain letters from current and former supervisors, professors, or industry experts that verify your qualifications and accomplishments.
-
Proof of Exceptional Ability:
- If applying under the “exceptional ability” category, provide evidence such as membership in professional associations, published work, or recognition in the field.
-
Job Offer and Employer Support:
- Include a detailed job offer letter and a statement from your employer outlining the need for your specialized skills.
-
Documentation of Prior Work Experience:
- Provide comprehensive documentation of your previous employment, including offer letters, performance reviews, and reference letters.
Addressing Financial and Employment Requirements
-
Employer’s Financial Stability:
- Ensure your sponsoring employer provides proof of financial stability, such as recent tax returns, profit and loss statements, and business licenses.
-
Job Offer Compliance:
- The job offer must align with the labor certification and reflect the duties and salary outlined. Any discrepancies may lead to delays.
-
Filing Fees and Expenses:
- Be aware of all associated filing fees. The employer typically covers the PERM and I-140 filing fees, while you might be responsible for adjustment of status or consular processing fees.
By understanding these common challenges and preparing your application meticulously, you can improve your chances of a successful EB-2 Visa approval.
EB-2 Visa in the US
How To Get Started
#1 Contact us to get a free quote, or
#2 Schedule a Consultation now.
Post-Arrival Steps for EB-2 Visa Holders
Once approved for an EB-2 Visa and arriving in the United States, there are essential steps to ensure compliance and maintain status. This section outlines critical actions to take after arrival, including registration for Social Security, obtaining employment authorization, and preparing for potential adjustment of status or permanent residency. Adhering to these guidelines will help EB-2 Visa holders achieve long-term success and stability in the U.S.
1. Registering for a Social Security Number (SSN)
- Why It’s Important: The Social Security number is essential for legal employment and financial transactions, such as opening bank accounts and applying for credit cards.
- Steps to Apply:
- Visit the Local Social Security Office: Bring your EB-2 Visa, passport, and proof of employment.
- Submit the Required Documentation: This includes the visa approval notice and identification documents.
- Receive the SSN: Typically, you will receive your Social Security card within two to four weeks of applying.
2. Employment Authorization for EB-2 Visa Holders
- Eligibility to Work: Most EB-2 Visa holders are authorized to work in the U.S. immediately upon entry. This is contingent on having the correct visa classification and employer sponsorship.
- Steps to Confirm Employment Authorization:
- Verify Employment Eligibility: Check your Form I-94 to confirm eligibility to work.
- Apply for an Employment Authorization Document (EAD) if necessary. This can be done by filing Form I-765 (Application for Employment Authorization).
3. Establishing Residency and Adjustment of Status (AOS)
-
Filing Form I-485: This form is required for EB-2 Visa holders seeking to adjust their status to permanent residency.
- Required Documentation: Include your employment letter, visa approval notice, medical examination results, and proof of residence.
- Filing Fee: Be prepared to pay the appropriate filing fee, which may vary based on specific circumstances.
-
Biometrics Appointment:
- Scheduling: After submitting Form I-485, USCIS will schedule a biometrics appointment.
- Purpose: Biometrics are used to verify your identity and conduct background checks.
-
Adjustment of Status Interview:
- Preparation: Review your application and gather all original documents.
- Interview Process: The officer will ask questions about your employment and intent to reside permanently.
4. Maintaining Compliance and Legal Status
- Adherence to Visa Terms: Ensure you comply with all visa terms, including maintaining employment with your sponsoring employer.
- Timely Applications: File applications for extensions or adjustments well before current permissions expire.
- Permanent Residency Compliance: If granted, maintain conditions outlined in the Green Card, such as residing in the U.S. and continuing to work for your sponsoring employer.
By adhering to these post-arrival steps, EB-2 Visa holders can ensure a smooth transition and successfully integrate into the U.S. workforce and society.
EB-2 Visa in the US
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#1 Contact us to get a free quote, or
#2 Schedule a Consultation now.
Testimonials
At Oliveira Lawyers, we understand that navigating the EB-2 Visa process can be complex and daunting. Our team is committed to delivering top-tier immigration services to professionals and entrepreneurs looking to establish their careers or businesses in the United States. Hearing from our clients who have successfully obtained EB-2 Visas can provide the assurance and guidance you need to achieve your immigration aspirations. Below are real testimonials from individuals who have made their way to the U.S. with our legal support.
Real Success Stories
Dr. Ana and Innovative Health Solutions
Dr. Ana, a talented biomedical engineer from Brazil, needed an EB-2 Visa to bring her medical research and innovations to the U.S.
“The EB-2 Visa application process was daunting, but Oliveira Lawyers made it seamless. They provided detailed guidance on meeting the National Interest Waiver (NIW) criteria and ensured my qualifications were presented effectively. Their expertise in preparing my petition led to a smooth approval process, and I’m now leading a research team in the U.S. I highly recommend their professional services!”
Eduardo and GreenTech Engineering Firm
Eduardo, an experienced civil engineer, aimed to expand his green technology engineering business to the U.S.
“Oliveira Lawyers supported me every step of the way, from drafting a compelling business proposal to meeting the stringent EB-2 Visa criteria. Their meticulous attention to detail and deep understanding of the labor certification process made my application stand out. Today, I’m operating a successful firm in the U.S., thanks to their outstanding support!”
Sara and CreativeTech Solutions
Sara, an accomplished software developer, needed an EB-2 Visa to establish a technology consulting business in the United States.
“Oliveira Lawyers helped me understand the eligibility requirements and drafted a robust petition that showcased my skills and business potential. Their proactive approach and continuous updates made the application process straightforward. Thanks to their legal acumen, I’m now running a tech firm in the U.S. and looking forward to further growth!”
How Our Services Make a Difference
At Oliveira Lawyers, we provide tailored immigration solutions designed to meet the specific requirements of the EB-2 Visa program. Our objective is to effectively present your professional and entrepreneurial qualifications to U.S. immigration authorities. Our experienced attorneys and consultants support you from the initial consultation to the final visa approval.
Here’s how we make a difference:
- Personalized Approach: Each client’s situation is unique. We tailor our services to emphasize your specific qualifications and contributions to the U.S. economy.
- Expert Legal Support: Our legal team has extensive knowledge of EB-2 Visa requirements and will guide you through the intricacies of U.S. immigration law.
- Documentation Assistance: We assist in gathering the necessary evidence and supporting documents, which are crucial for a successful petition.
- High Success Rate: Our proven track record of securing EB-2 Visas reflects our dedication to helping skilled professionals establish their careers and businesses in the U.S.
Contact Us for Your EB-2 Visa Needs
Are you considering expanding your professional career or business to the United States under the EB-2 Visa program? Let us guide you through the complex application process. We simplify immigration to ensure you meet all the requirements efficiently.
#1 Contact us to get a free quote, or
#2 Schedule a Consultation now.
Why Choose Our Services for Your EB-2 Visa Application?
Choosing the right legal partner for your EB-2 Visa application is crucial. At Oliveira Lawyers, we deliver exceptional expertise, personalized support, and a history of successful cases. Here’s why you should trust us with your EB-2 Visa journey:
Expertise in EB-2 Visa Applications
- Specialized Knowledge: Our immigration attorneys focus on EB-2 Visa applications, tailored for professionals with advanced degrees or exceptional abilities seeking to work in the United States. We stay updated on the latest immigration rules and procedures, ensuring your application is accurate and timely.
- Comprehensive Services: From determining your eligibility to managing the required documentation, we handle every aspect of your EB-2 Visa process. Our team ensures compliance with all U.S. immigration laws, helping you avoid delays and maximize your chances of approval.
Personalized Support
- Tailored Legal Guidance: We take the time to understand your specific career path and long-term professional goals. Our team provides customized strategies to showcase your skills and qualifications effectively.
- Dedicated Case Manager: You’ll work with a dedicated case manager who guides you through every stage of the EB-2 Visa process. Your case manager ensures that all documents are complete, submitted on time, and compliant with U.S. Citizenship and Immigration Services (USCIS) requirements. They also provide ongoing updates and address any questions or concerns you may have.
Proven Track Record
- High Approval Rates: Our team has a solid record of success in securing EB-2 Visas for professionals across a wide range of industries, including healthcare, engineering, and finance. We understand the nuances of each case, which has helped us achieve consistent approvals.
- Transparent Pricing Structure: We offer clear and competitive pricing, with no hidden fees. Our clients receive high-quality services at a fair price, ensuring they get the best value for their investment. You’ll always know what to expect from the start of your EB-2 Visa journey with us.
Commitment to Your Success
- Proactive Communication: We provide timely updates throughout every phase of the process. If USCIS requests additional documentation or evidence, we respond quickly to ensure your application stays on track.
- Post-Approval Support: Even after your visa is approved, we remain committed to your success. We provide ongoing support, including advice on visa renewals, permanent residency, or transitioning to other visa categories.
Partnering with Oliveira Lawyers for your EB-2 Visa means working with a team dedicated to your success from start to finish. Contact us today to schedule a consultation and begin your journey toward living and working in the United States.
EB-2 Visa in the US
How To Get Started
#1 Contact us to get a free quote, or
#2 Schedule a Consultation now.
Frequently Asked Questions (FAQs) – EB-2 Visa
1. What is an EB-2 Visa and how does it work?
The EB-2 Visa is an employment-based, immigrant visa for individuals who possess an advanced degree or its equivalent, or who have exceptional ability in their field. This visa provides a pathway to permanent residency in the U.S. Applicants must meet one of two categories: an advanced degree requirement or exceptional ability in fields such as science, arts, or business. For individuals applying under the National Interest Waiver (NIW), the job offer and labor certification may be waived if it benefits the U.S.
2. Why should I apply for an EB-2 Visa instead of other employment-based visas?
The EB-2 Visa offers quicker access to permanent residency compared to other employment visas, especially if you qualify for the National Interest Waiver. Unlike the EB-3 Visa, which requires labor certification, the EB-2 visa allows more flexibility through the waiver. The opportunity to bypass the labor certification can reduce application time, particularly if your work is considered beneficial to the U.S.
For more information about employment-based visas in the U.S., visit the official USCIS website.
3. What are the eligibility requirements for the EB-2 Visa?
To qualify for an EB-2 Visa, you must meet one of the following requirements:
- Hold an advanced degree (master’s degree or higher), or a bachelor’s degree with at least five years of progressive work experience.
- Demonstrate exceptional ability in sciences, arts, or business.
- For National Interest Waiver applicants, show that your work significantly benefits the U.S. and that it would be in the national interest to waive the job offer requirement.
4. How long does it take to get an EB-2 Visa approved?
The processing time for an EB-2 Visa can vary widely based on whether you qualify for the National Interest Waiver and the priority dates in your country of origin. On average, the process can take 12 to 18 months. Utilizing premium processing may shorten this timeline to as little as 15 days for certain cases.
Processing time can be influenced by the USCIS case load and priority dates, which can be tracked through the Visa Bulletin.
5. What documents are required for the EB-2 Visa application?
Key documents include:
- Form I-140, Immigrant Petition for Alien Worker.
- Degree certificates or work experience letters demonstrating your qualifications.
- Evidence of exceptional ability (awards, publications, memberships in professional associations).
- Labor certification or National Interest Waiver petition (if applicable).
- Detailed letters of recommendation supporting your exceptional ability or contributions.
Well-organized documentation can significantly improve the likelihood of approval.
6. What happens if the EB-2 Visa is denied?
If your EB-2 Visa is denied, the USCIS will provide reasons for the refusal. Common reasons include insufficient evidence of qualifications, incomplete documentation, or failure to demonstrate how the applicant meets the eligibility criteria. You may appeal the decision or file a motion to reopen or reconsider the case after addressing the issues. Consulting an experienced immigration attorney can increase your chances of a successful application.
7. How much does it cost to apply for an EB-2 Visa?
Application costs typically include:
- Form I-140 filing fee: $700.
- Additional costs related to obtaining and organizing documentation.
- If using premium processing, there is an additional fee of $2,500.
Legal fees may vary based on the complexity of the case and the attorney’s expertise.
8. Can my spouse and children join me in the U.S. with an EB-2 Visa?
Yes, your spouse and unmarried children under 21 can join you under dependent visas. Your spouse can apply for an Employment Authorization Document (EAD), allowing them to work legally in the U.S. Your children can attend school but are not permitted to work until they adjust their status.
9. What are the most common mistakes when applying for an EB-2 Visa, and how can I avoid them?
Common mistakes include:
- Providing insufficient documentation of educational qualifications or exceptional ability.
- Failing to clearly establish the national interest for applicants using the National Interest Waiver.
- Incomplete or disorganized submissions.
To avoid these mistakes:
- Prepare comprehensive documentation that clearly proves your qualifications.
- Ensure your petition highlights the direct benefits of your work to the U.S.
- Consult an immigration attorney experienced in EB-2 visa applications.
10. Why should I hire an attorney to help with the EB-2 Visa process?
Hiring an experienced immigration attorney can:
- Help you navigate the complex legal requirements and documentation needed for the EB-2 Visa.
- Ensure that your National Interest Waiver petition is well-supported.
- Improve your chances of approval by avoiding common errors.
- Assist with extensions, adjustments, or transitioning to other visa categories.
An attorney’s expertise like Oliveira Lawyers can be invaluable in simplifying the application process and maximizing your chances of a successful outcome.
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