What is the EB-2 Green Card Application?

The EB-2 green card application is an employment-based immigrant visa that offers a pathway for professionals with advanced degrees or exceptional abilities to obtain permanent residency in the United States. Here are key points about the EB-2 green card application:

Eligibility Criteria:

• Categories: The EB-2 visa includes subcategories such as advanced degree holders, individuals with exceptional ability, and those qualifying for a National Interest Waiver (NIW).
•  Requirements: Applicants must have either an advanced degree like a master’s or doctoral degree, or demonstrate exceptional expertise in their field of work.

Application Process:

• Forms: The application typically involves filing Form I-140, Immigrant Petition for Alien Workers.
• Documentation: Applicants need to provide extensive documentation to support their eligibility, including evidence of qualifications and achievements.

Labor Certification:

• NIW Option: The National Interest Waiver (NIW) allows applicants to self-petition without the need for a job offer or labor certification.
• Employer Sponsorship: In most cases, applicants need employer sponsorship and may require labor certification to verify the unavailability of qualified American workers for the position.

Processing Times:

• Varied Processing Times: The processing times for EB-2 applications can vary based on factors like country of birth and specific circumstances.
•  Premium Processing: Applicants can opt for premium processing at an additional fee for expedited adjudication within 45 days.

The EB-2 green card application provides a pathway for professionals with advanced degrees or exceptional abilities to secure permanent residency in the U.S. It offers different subcategories with varying eligibility criteria and processing requirements.

Eligibility Requirements for EB-2 Green Card Applications:

The eligibility requirements for EB-2 green card applications vary based on the specific subcategory, which include professionals holding advanced degrees, individuals with exceptional abilities, and those qualifying for a National Interest Waiver (NIW). Here are the key eligibility criteria based on the search results:

Advanced Degree Holders:

• Must possess a U.S. advanced degree or a foreign equivalent.
• Need letters from future or current employers to support the application.

Exceptional Ability:

• Must demonstrate a significant level of expertise in their field of work.
• Need to meet at least three of the legal requirements for EB-2.

National Interest Waiver (NIW):

• Requires evidence of how and why the U.S. should waive a labor certificate.
• Applicants must hold an advanced degree (master’s degree or higher) or a foreign equivalent.
• If only a bachelor’s degree is held, an additional five years of experience is necessary.

Form I-140:

All EB-2 applicants, including those under NIW, need to file Form I-140, which is a petition for foreign workers to become permanent residents.

Priority Date and Adjustment of Status:

• Applicants can track their priority date in the Department of State’s Visa Bulletin.
• Once the Form I-140 is approved, applicants can proceed with applying for an adjustment of status to become permanent residents.

The eligibility requirements for EB-2 green card applications involve having advanced degrees, exceptional abilities, or qualifying for a National Interest Waiver. Applicants must meet specific criteria depending on the subcategory they fall under and provide the necessary documentation to support their application.

What is the cost of applying for an EB-2 green card

The cost of applying for an EB-2 green card involves various fees and expenses, as outlined in the search results:

Mandatory USCIS Filing Fees:

•  Form I-140 filing fee: $700 (employer’s responsibility).
•  Form I-485 filing fee: Varies based on age and refugee status:
•    Below 14 and filing with a parent: $750.
•    Below 14 and not filing with a parent: $1,140.
•    Between 14 and 78: $1,225 including mandatory biometrics fee.
•    Older than 78: $1,140 with no mandatory biometrics fee.
•    Biometrics fee: $85 if applicable.

Additional Costs:

• Traveling costs to and from the U.S. consulate or embassy if outside the U.S.
• Attorney fees, which can vary depending on the law firm.

Premium Processing:

 Optional service for expedited processing at an additional fee. The premium processing fee is $2,500.

The total cost of applying for an EB-2 green card includes these mandatory USCIS filing fees, additional expenses like travel costs and attorney fees, as well as the option for premium processing to expedite the application process.

Difference Between EB-2 and EB-1 Green Card Applications:

The EB-2 and EB-1 green card applications differ in several key aspects based on the information provided in the search results:

1. Eligibility Criteria:

• EB-1: Reserved for individuals with extraordinary abilities, outstanding professors and researchers, and multinational executives and managers. It requires stringent requirements to prove exceptional professional achievements.
• EB-2: Available for individuals with advanced degrees, exceptional ability, or those eligible under the National Interest Waiver (NIW). The threshold for EB-2 is lower compared to EB-1, as it does not require exceptional ability or outstanding achievements.

2. Sponsorship Requirement:

• EB-1: Does not require a job offer from a prospective employer in the U.S., allowing for self-petitioning in certain subcategories.
• EB-2: Requires a petitioner, which can be a burdensome task and lengthens the process of obtaining a green card. A sponsoring employer offering permanent employment is necessary for EB-2 applicants.

3. Processing Time:

• EB-1: Generally has shorter wait times compared to EB-2 due to its more stringent requirements and fewer applicants each year.
• EB-2: Can have longer processing times due to a larger pool of applicants and potentially less strict eligibility criteria.

4. PERM Labor Certification:

• EB-1: Does not require PERM labor certification, saving applicants around a year in the process.
• EB-2: Involves the PERM labor certification process, which tests the U.S. labor market for qualified workers, potentially extending processing times.

5. Priority Dates:

• EB-1: Priority dates are generally current for all eligible countries, leading to quicker processing.
• EB-2: Priority dates vary by country, with some countries experiencing longer wait times than others.

6. Ability to Port:

• Applicants can file both EB-1 and EB-2 applications simultaneously without consequences, increasing their chances of approval.

7. Fees:

• The fees associated with Form I-140 processing and adjustment of status differ between EB-1 and EB-2 applications.

The differences between the EB-1 and EB-2 green card applications lie in eligibility criteria, sponsorship requirements, processing times, PERM labor certification involvement, priority dates, ability to port between categories, and associated fees.

Difference Between EB-2 and EB-3 Green Card Applications

The EB-2 and EB-3 green card applications have distinct differences based on the information provided in the search results:

1. Eligibility Criteria:

• EB-2: Requires candidates to have an advanced degree or exceptional ability in their field. Candidates with a bachelor’s degree and significant work experience may also qualify.
• EB-3: Involves job positions for skilled workers, professionals, or other workers. Candidates need a bachelor’s degree and relevant work experience, but an advanced degree is not mandatory.

2. Processing Times:

• EB-2: Generally has shorter processing times compared to EB-3 due to its more stringent requirements and potentially fewer applicants.
• EB-3: Can have longer processing times as it caters to a broader range of applicants with less strict eligibility criteria.

3. Labor Certification Requirement:

• EB-2: Involves the PERM labor certification process, which tests the U.S. labor market for qualified workers, potentially extending processing times.
• EB-3: Also requires a labor certification but may have less stringent requirements compared to EB-2.

4. Educational Background:

• EB-2: Typically requires candidates to have an advanced degree like a master’s or doctorate, although exceptional ability can also qualify.
• EB-3: Requires candidates to have a bachelor’s degree along with relevant work experience, making it more accessible to a broader pool of applicants.

5. Priority Dates:

Priority dates for both categories vary based on the applicant’s country of birth and the demand for visas from that country.

6. Job Categories:

• EB-3: Includes subcategories for skilled workers, professionals, and other workers based on the nature of the job and required qualifications.
• EB-2: Focuses on professionals with exceptional ability or advanced degrees, offering a more specialized pathway.

7. Porting Possibility:

Applicants can potentially port their petition from EB-3 to EB-2 if they meet the requirements for the higher preference category, which can impact processing times and eligibility.

The differences between EB-2 and EB-3 green card applications lie in eligibility criteria, processing times, labor certification requirements, educational backgrounds, priority dates, job categories, and the possibility of porting between categories.

Continue reading: The requirements for an employment based green card