If you possess exceptional ability or advanced degrees as a Tech Professional, you may qualify for an EB-2 visa. However, note that your outstanding talent cannot be determined solely by your degree. When you obtain an EB-2 visa, you can obtain a Green Card and will be considered a lawful permanent resident in the United States.
You will enjoy the rights of Green Card holders in the US while you are working in your field. You will be permitted to travel to and from the US, relocate from one state to the other, or even switch jobs after some years. Furthermore, if you meet the requirements, you can apply to become a US citizen.
What Is an EB-2 Green Card?
The EB-2 Green Card, otherwise known as EB-2 immigrant visa, is a second preference employment-based visa Green Card that permits its holder who has an advanced educational degree (or its equivalent) or who has exceptional abilities to receive permanent residency status in the US. Having an exceptional ability indicates that you have significant experience and expert knowledge in your profession.
There is a 140,000 visa annual cap for employment-sponsored visas. They are divided among the five visas (EB-1, EB-2, EB-3, EB-4, and EB-5), resulting in prolonged processing periods. The remaining applications await to be considered in the upcoming years once the annual visa cap is reached. Therefore, this is why employment-based visa applicants must wait for their dates to become current to qualify for immigration to the US. The Green Card EB2 typically has an annual cap of about 40,000 allocated by the US Immigration Department for each of its categories.
EB-2 Green Card Categories
If you wish to immigrate to the US via the EB-2 Green Card, you can choose from the following 3 categories of the EB-2 Green Card:
- EB-2A Green Card. This visa is designed for applicants who have advanced educational certifications or its equivalent. These advanced educational degrees include a Master’s degree or a Doctorate Degree. The applicants may also have a degree and 5 years of experience in their line of work.
- EB-2B Green Card. The EB-2 visa is designed for applicants who have shown exceptional abilities and accomplishments in arts, sciences, and business.
- EB-2C Green Card. Applicants who want to apply under this category, also known as EB-2 National Interest Waiver (EB-2 NIW Green Card), must prove that their work in the US would benefit the country and is in the National Interest as it can waive the Labour Certificate requirement.
Eligibility Requirements
You must meet some eligibility requirements to apply for the EB-2 Green Card. Note that the requirements for each of the mentioned categories are different, but you must prove expertise in your profession. Below are the requirements:
For EB-2A Green Card
- Have an advanced degree or its equivalent. Therefore, you will provide your official academic record from a US educational institution or its foreign equivalent.
- Show your official academic record for your bachelor’s degree from a US educational institution or its foreign equivalent.
- Prove your working experience by providing recommendation letters from your former or current employers.
The degrees accepted under this category are:
- Master’s, Ph.D.
- M.D. (medicine).
- Juris Doctor (J.D. or law degree).
For EB-2B Green Card
- Evidence of your recognition in your profession, such as prizes and awards.
- Academic qualification’s official record, such as diploma, degree, or any other valuable certificate.
- Evidence of your full-time work experience for a minimum of 10 years.
- Proof of membership in your professional association.
- Evidence to show that your salary is commensurate with your exceptional ability.
- Certifications or licenses to practice your profession.
- Any other proof of your extraordinary skills.
For EB-2C Green Card
Although the required documents for this category and the EB-2B Green Card category are the same, you must also provide the following for the National Interest Waiver cases:
- The proposed project is important and valuable from a national standpoint.
- You are well-positioned to proceed with the suggested project.
- It would be advantageous for the United States to waive the labor certification requirements and the terms of a job offer.
How Tech Professionals Can Obtain EB-2 Green Card?
To work in the US via the EB-2 route, Tech Professionals must obtain a Green Card by following the below EB-2 Green Card process:
Get a PERM Certification
Your prospective employer must first file a PERM (Application for Permanent Employment Certification) with the US Department of Labor using Form 9089 before you apply for an EB-2 Green Card. The PERM has to confirm that the said job will not negatively impact any US citizen in terms of wages or working conditions.
Your employer must meet the following requirements using the Program Electronic Management Review System to apply for a PERM:
- Prove that the job role is open to US applicants, but there has not been a qualified candidate for the job.
- Demonstrate that the applicant for an EB-2 visa has a position available in their field of expertise.
- Prove that it is important to hire a foreign worker for the position.
- Attest that the foreign worker would be compensated at the going rate for the industry.
Keep in mind that it may take up to a year for your employer to secure a PERM. But if you are applying for a National Interest Waiver, you will not need a PERM certification.
File Form I-140
Within 180 days of receiving the PERM certification, your employer must file Form I-140, which is a Petition for Alien Worker with the USCIS on your behalf. Thereafter, your employer must provide the following:
- Evidence that you are qualified for the job.
- Evidence that your employer has gotten a labor certification and can pay the actual advertised wage.
- A USCIS account number.
- A Standard Occupational Classification (SOC) System code.
- Evidence that you are in the US lawfully (if you are already in the country).
- The North American Industry Classification System (NAICS) code.
- Evidence of your exceptional abilities and other EB-2 visa eligibility requirements.
Thereafter, your employer must send the Form I-140 along with other documents to the USCIS, once the process is completed.
Apply for a Green Card
You could be required to come for an interview or appointment to submit your biometrics to the USCIS following the submission of Form I-140. Thereafter, you ought to receive a decision on your application.
Following approval of your application, you can now apply for a US Green Card. You must complete Form I-485 (Application for Adjustment of Status) if you are already in the United States. But if you’re not within the US, you must file Form DS-260 (Application for Immigrant Visa and Alien Registration), also known as consular processing.
For each form you submit, you must provide some documents, such as birth certificates, proof of sufficient funds, police records, and medical certificates.
Processing Times
The processing time for an EB-2 Green Card differs because it is cap-based and for other reasons, such as the country from which you are applying, the workload of the USCIS, the completeness of documentation, when you applied, etc. The Form I-140 typically takes up to 6 to 9 months to process.
In most cases, it could take up to 18 months to process your EB-2 Green Card. However, your employer can engage the premium processing service to expedite the process and have your EB-2 processed within 15 days.
Costs
The following are the usual EB-2 Green Card application costs:
- Self-petitioning of Form I-140 worth $700.
- Form DS-260 (Immigrant Visa and Alien Registration Application) worth $325.
- Affidavit of Support worth $120.
- USCIS immigrant fee worth $220.
In your application, you may have to pay other fees, such as travel expenses, medical examinations, etc.
Getting Legal Help
As a Tech professional who wants to obtain a US EB-2 Green Card, you must provide several documents in your application. Besides that, the whole process may be overwhelming for you if you are applying for the first time.
Keep in mind that the omission of a crucial document may result in a refusal of your application, which will make you reapply and incur additional expenses. It’s best to seek the guidance of an immigration lawyer to help you navigate the EB-2 Green Card application processes with a great chance of a positive outcome.
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