EB-2 Visa: A comprehensive guide

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EB-2 Visa

Law firm for international law in Kerpen and Witten

Lawyer for - International Law | Employment Law | Criminal Law | IT Law | Data Protection

In an increasingly globalized world, immigration is a significant issue, especially for professionals and businesses that benefit from international talent. An EB-2 employment-based immigrant visa is one of the most sought-after options for highly skilled professionals who want to work and live in the United States. In this comprehensive guide, you will learn everything you need to know about the EB-2 visa, including the requirements, the application process, and the role of an attorney.

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The EB-2 visa

1. requirements for the EB-2 visa

The EB-2 visa is specifically designed for professionals with high qualifications and special skills. There are three main categories that applicants can fall into:

  • Advanced Degree Professionals: The first category comprises specialists with an advanced academic degree, such as a Master's or doctorate. This category is aimed at people who can demonstrate above-average skills and knowledge in their specialist field. Proof of an advanced academic degree is essential.

  • People with exceptional abilities: The second category is for individuals with exceptional abilities in the fields of science, art or business. These abilities must be demonstrated through extensive documentation and recognition in their field. Examples include awards, publications and significant contributions in their field.

  • National Interest Waiver (NIW): The third category, the National Interest Waiver, is for individuals whose work is of significant benefit to the United States. In this case, the applicant can waive the labor certification if they can prove that their work is in the national interest. This requires detailed justification and extensive documentation.

The EB-2 visa

2. application procedure for the EB-2 visa

The application process for an EB-2 visa is complex and requires several steps. Here are the most important stages of the application process:

Labor Certification (Labor Certification)

The first step in the application process is the labor certification, which must be submitted by the employer to the Department of Labor. This certification confirms that no qualified U.S. worker is available for the position and that hiring a foreign worker will not negatively impact the wages and working conditions of U.S. workers.

Filing the I-140 form

After labor certification, the employer must submit the I-140 form, also known as the Immigrant Petition for Alien Worker, to the U.S. Citizenship and Immigration Services (USCIS). This form confirms that the foreign worker meets the requirements for the EB2 visa.

Adjustment of Status (I-485) or Consular Processing

Once the I-140 form is approved, applicants can file the Adjustment of Status (Form I-485) if they are already in the United States. Alternatively, they can go through Consular Processing if they are outside the US. This step includes a background check, medical examination and an interview.

The EB-2 visa

3. advantages and challenges of the EB-2 visa

Advantages for applicants and employers

The EB-2 visa offers numerous advantages for both parties. For employers, it means access to highly skilled professionals who can contribute to the company's competitiveness and innovative strength. For employees, the EB-2 visa offers a clear immigration route and the opportunity to live and work permanently in the USA.

Common challenges and how to overcome them

Despite the advantages, there are also challenges in the application process. These include the strict documentation requirements and the need for thorough preparation. A common mistake is inadequate collection and submission of evidence, which can lead to delays and rejections.

EB-2 visa, EB-2 employment-based immigrant visa, national interest waiver, labor certification, EB-2 visa attorney

The EB-2 visa

4 The role of the attorney in the EB-2 visa process

An experienced Lawyer can play a crucial role in the application process. Here are some of the most important tasks that a Lawyer can take over:

Support with document collection and creation

A lawyer can help you compile all the necessary documents and ensure that they meet the requirements. This includes academic transcripts, letters of recommendation and proof of professional achievements.

Legal advice and representation

A Lawyer can advise you on legal issues and represent you throughout the entire application process. This includes the preparation and submission of applications as well as communication with the relevant authorities.

Support with rejections and appeals

If your application is denied, a lawyer can assist you in filing an appeal and help you make the necessary improvements to increase your chances of success.

The EB-2 visa

5 Documents and forms required

List of required documents

  • Copy of passport
  • Birth certificate
  • Marriage certificate (if applicable)
  • Academic certificates and diplomas
  • Letter of recommendation
  • Proof of work and references
  • Proof of exceptional abilities (e.g. awards, publications)

List of forms to be completed

  • ETA Form 9089 (work certification)
  • Form I-140 (Immigrant Petition for Alien Worker)
  • Form I-485 (Adjustment of Status) or DS-260 (Consular Processing)
  • Form G-325A (Biographical Information)
  • Form I-765 (Application for Employment Authorization, if applicable)

The EB-2 visa

6. delving into the details of the EB-2 visa

Historical background and legal basis

The EB2 visa was introduced as part of the Immigration and Nationality Act (INA) and has been an integral part of the US immigration system ever since. The aim of the visa is to bring highly qualified specialists into the country who can contribute to the economic development and innovative strength of the USA. The legal basis and requirements for this visa are set out in detail in the INA and the corresponding USCIS regulations.

Comparison with other employment-based visas

The EB-2 visa differs from other employment-based visas such as the EB-1 visa, which is intended for individuals with exceptional ability, outstanding professors and researchers, and multinational executives and managers. The EB-3 visa, on the other hand, is for professionals, skilled workers and other workers with lesser qualifications than those required for an EB-2 visa. The main difference lies in the qualification and documentation requirements.

Specific requirements for the National Interest Waiver (NIW)

The National Interest Waiver (NIW) is a special category of EB-2 visa that allows applicants to waive labor certification if their work is of substantial benefit to the United States. To obtain an NIW, the applicant must demonstrate that their work is of national interest and that it would be in the best interest of the U.S. to waive labor certification. This requires a detailed justification and extensive documentation, including evidence of the significance of the work, its potential impact, and the specific benefits to the U.S.

Role of the employer in the application process

The employer plays a critical role in the EB-2 visa application process. First, the employer must file the labor certification with the Department of Labor and prove that no qualified U.S. worker is available for the position. Then, the employer must file the I-140 form with the USCIS and certify that the foreign worker meets the requirements for the EB-2 visa. The employer must also ensure that the position offered meets the requirements of the visa and that the pay meets prevailing wage standards.

Importance of documentation and evidence

Documentation and evidence are critical to the success of an EB-2 visa application. Applicants must submit extensive documentation to prove their qualifications and skills. This includes academic transcripts, letters of recommendation, employment records and references, as well as evidence of exceptional ability such as awards and publications. Insufficient or incorrect documentation is one of the most common reasons for delays and rejections in the application process.

Typical challenges and pitfalls

Some of the typical challenges and pitfalls in the EB-2 visa application process include the stringent documentation requirements, the need for thorough preparation and the complexity of the process. A common mistake is not collecting and submitting enough evidence, which can lead to delays and denials. Other challenges can include the processing times of the various authorities and the work certification requirements.

Strategies to maximize the chances of success

To maximize the chances of success for an EB-2 visa application, applicants and their employers should plan and prepare carefully. This includes gathering and reviewing all required documents early, preparing applications carefully, and meeting all deadlines and requirements. Utilizing the Premium Processing Service for the I-140 form can also help expedite the process. In addition, consulting with an experienced attorney can be helpful in navigating the process and avoiding potential pitfalls.

EB-2 visa, EB-2 employment-based immigrant visa, national interest waiver, labor certification, EB-2 visa attorney

The EB-2 visa

7 Further information and resources

Official sources and websites

There are numerous official sources and websites that provide detailed information and guidance on the EB-2 visa. Among the most important are the website of the US Citizenship and Immigration Services (USCIS), the US Department of Labor and the US Department of State. These websites provide comprehensive information on the requirements, application process and legal basis of the EB-2 visa.

Technical literature and publications

There is also a variety of specialized literature and publications that deal with the topic of immigration and specifically the EB2 visa. These include books, journals and online resources written by experts in the field of immigration. These resources provide valuable insights and practical tips for applicants and employers.

Bar associations and professional associations

Bar associations and professional organizations such as the American Immigration Lawyers Association (AILA) also offer extensive resources and support for applicants and attorneys. These organizations provide training, guides and consulting services that can help facilitate the application process and maximize the chances of success.

The EB-2 visa

8. costs of the application

The cost of applying for an EB-2 visa can vary significantly and depends on several factors. Here is a detailed breakdown of the potential costs you can expect:

Application fees

Labor Certification (Labor Certification)

Submission of the labor certification (ETA Form 9089) is usually free of charge, but there may be costs for recruitment and advertising that the employer must cover.

Form I-140 (Immigrant Petition for Alien Worker)

The fee for Form I-140 is currently 700 USD. This fee is charged by the US Citizenship and Immigration Services (USCIS) and must be paid by the employer or the applicant.

Form I-485 (Adjustment of Status)

The fee for Form I-485 is $1,225 USD for applicants 14 years of age and older. This fee includes the cost of the biometric data (fingerprints, photo and signature).

DS-260 (Consular Processing)

If the applicant is going through Consular Processing, the fee for the DS-260 form is $325. This fee is charged by the US Department of State.

Form I-765 (Application for Employment Authorization)

If applicable, the fee for Form I-765 is $410.

Form I-131 (Application for Travel Document)

If applicable, the fee for Form I-131 is USD 575.

Premium Processing Service

For faster processing of the I-140 form, the Premium Processing Service can be used. The fee for this is USD 2,500 and guarantees a processing time of 15 calendar days.

Attorney fees

The cost of hiring an immigration attorney can vary significantly depending on the complexity of the case and the attorney's level of experience. Typically, you can expect to pay between $5,000 and $15,000 in attorney fees. Some attorneys offer flat fees, while others charge by the hour.

Translation and certification costs

If your documents are not in English, they will need to be translated into English by a certified translator. The cost of translations can vary, typically between 20 USD and 50 USD per page. Additional costs may apply for the certification of documents.

Medical examination

A medical examination by a doctor licensed by the US government is required. The cost of this can vary depending on the doctor and location, typically between 200 USD and 500 USD.

Travel expenses

If Consular Processing is required, you may need to travel to a U.S. Consulate or Embassy. Travel costs (flight, accommodation, etc.) vary depending on location and individual circumstances.

Other costs

Additional costs may be incurred for collecting and submitting the required documents, such as fees for requesting birth certificates, marriage certificates or academic transcripts.

Summary of potential costs:

Cost typeEstimated costs (in USD)
Labor Certification (Labor Certification)Varies (recruitment and advertising costs)
Form I-140 (Immigrant Petition for Alien Worker)700
Form I-485 (Adjustment of Status)1.225
DS-260 (Consular Processing)325
Form I-765 (Application for Employment Authorization)410
Form I-131 (Application for Travel Document)575
Premium Processing Service2.500
Attorney fees5.000 – 15.000
Translation and certification costs20 - 50 per page
Medical examination200 – 500
Travel expensesVaries
Other costsVaries

Note: The costs quoted are estimates and may vary depending on individual circumstances and specific requirements. It is advisable to consult with an experienced immigration attorney to obtain an accurate cost estimate for your specific case.

Applying for an EB2 visa can involve significant costs that affect both the applicant and the employer. Careful planning and preparation of the application, early collection and review of all required documents, and adherence to all deadlines and requirements are critical to the success of your application. An experienced Lawyer can help you navigate the process, manage the costs, and maximize your chances of success. If you are interested in an EB-2 employment-based immigrant visa, you should consider the assistance of an attorney to make the process smooth and successful.

The EB-2 visa

9. FAQ (Frequently Asked Questions)

How long does the application process take?

The length of the application process can vary, depending on the processing time of the labor certification, the USCIS and the respective U.S. embassy or consulate. On average, the entire process can take between 12 and 18 months.

What are the chances of success and typical mistakes?

The chances of success depend heavily on the quality of the documents submitted and the fulfillment of the criteria. Frequent errors include insufficient documentation, missing signatures or incomplete applications.

Are there ways to speed up the process?

Some ways to expedite the process include using the Premium Processing Service for the I-140 form, careful preparation of documents and early filing of applications.

What are the requirements for an EB-2 visa?

The requirements for an EB-2 visa vary depending on the category. Advanced Degree Professionals must hold an advanced degree (Master's or Doctorate) and demonstrate above average skills and knowledge in their field. Individuals with exceptional ability must provide extensive documentation and recognition in their field. Applicants for a National Interest Waiver (NIW) must demonstrate that their work is of significant benefit to the United States.

What happens if my application is rejected?

If your application is rejected, you have the option of appealing or submitting a new application. An experienced lawyer can help you understand the reasons for the rejection and make the necessary improvements to increase your chances of success in a new application.

What role does the employer play in the application process?

The employer plays a critical role in the EB2 visa application process. The employer must file the labor certification with the Department of Labor and prove that no qualified U.S. worker is available for the position. Then, the employer must file the I-140 form with the USCIS and certify that the foreign worker meets the requirements for the EB-2 visa.

The EB-2 visa

10 Conclusion

The EB-2 Visa offers an excellent opportunity for highly qualified professionals to work and live in the USA. However, the application process is complex and requires careful preparation and documentation. An experienced attorney can help you navigate the process and maximize your chances of success. If you are interested in an EB-2 employment-based immigrant visa, you should consider the assistance of an attorney to make the process smooth and successful. Careful planning and preparation, early collection and review of all required documents, and adherence to all deadlines and requirements are critical to the success of your application. Take advantage of the many resources available and consult with experts to help you navigate the complex application process and realize your immigration dreams.

Do you need legal support in applying for an EB-2 visa?

Then contact us

+49 (0) 2273 - 40 68 504

info@kanzlei-baumfalk.de

Law firm for international law in Kerpen and Witten

Lawyer for - International Law | Employment Law | Criminal Law | IT Law | Data Protection

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