Do you need your case evaluated?
by Admin
Posted on 11-10-2023 12:41 PM
I am technology professional with nearly 9 years of work experience. I am currently working as a software consultant in a trading firm in the us and will be graduating from a part time mba program (concentrations in finance) this december. If i plan to apply for perm next year, will i be eligible to apply under eb-2 us masters degree, given that my mba in finance will help in understanding complex financial principles and writing algorithms that support day to day trading? in this case, will my previous experience be evaluated?.
What is EB-2 Green Card
Applicants who possess exceptional ability in the sciences, arts, or business and who have an offer of employment by a u. S. Employer may be eligible for an eb-2 green card . Exceptional ability as defined as “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. ” this standard is considered lower than that of an eb-1 green card.
The eb2 visa is the second preference employment-based green card that allows foreign nationals with advanced university degrees or exceptional abilities receive permanent residency in the us. To be eligible for the eb2 visa, one of the following statements has to apply to you: you hold an advanced university degree or its equivalent you have an exceptional ability in the field of science, arts, or business. The exceptional ability means that you have expert knowledge and significant experience in your field. If you meet the eligibility criteria for the eb2 visa, you can apply for one of the following tiers: eb-2a visa – advanced degree professionals.
I. Benefits of national interest waiver: you do not require a labor certification you can file your green card petition with the u. S. Citizenship and immigration services (uscis) on your behalf (self-petition) ii. Requirements for national interest waiver: it must be shown that the alien seeks employment in an "area of substantial intrinsic merit” and “national importance. ”the petitioner seeking the waiver must persuasively demonstrate that the alien is well positioned to advance the proposed endeavor. On balance, the petitioner must prove that it would be beneficial to the united states to waive the job offer and labor certification requirements of the eb-2 category.
Governed by employment laws, green card applications are not sponsored independently. As you know, other ways of receiving green cards include a green card lottery. However, now we will focus on employment based category, green card categories, and processes. “eb” means “workforce-based,” and each number preceding “e” indicates the preference for a category. There are also eb-4 and eb-5 categories, but this is not in the preference system for employment-based categories. These are the various job categories you may have a green card sponsoring application. Eb-1: employment based first preference immigrant visa the eb-1 category comprises three subcategories of priority workers: persons of extraordinary ability: science, art, education, business, or athletics.
Due to the significantly shorter processing times than other categories, the eb-2 classification is highly sought after by talented immigrants. In comparison to the eb-3 immigrant category, which can take over three years (or more if the beneficiary is from the philippines or india), the eb-2 category is current for processing and the green card can typically be obtained in less than a year (applicants from india and china will take longer under current processing estimates). There are three types of eb-2 immigration categories potential applicants should be aware of. While advanced degree and exceptional ability cases require a labor certification from the department of labor and a job offer from a u.
It is critical to understand the process and timelines involved when applying for a green card in the united states. Depending on the type of employment-based green card application being submitted, processing times can vary. One of the employment-based categories is known as eb-2 , which covers people with advanced degrees, exceptional talents, or skills in a certain area. To obtain this type of green card, you will first need to file a perm (program electronic review management) application with the u. S. Department of labor (dol). The average perm application processing time for an eb-2 green card is 6–9 months at minimum from filing it with the dol until a decision is made on whether to approve or deny the labor certification.
When applying for an eb-2b green card, you must show supporting evidence that you hold exceptional ability within your field. You can do this by showing: official academic records showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability letters documenting at least 10 years of full-time experience in your occupation a license to practice your profession or certification for your profession or occupation evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability membership in a professional association(s) recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations.
I-140 application is filed by sponsoring the employer and locks your green card priority date. You can apply h1b transfer using pending i-140 at the time of job change. The i-140 must application has to be supported by the approved perm application. The i-140 approval notice shows: gc priority date, immigrant visa categories like eb-1, eb-2, eb-3, etc. , and country of charge-ability like india, china, etc. I140 processing time is 6-8 months in regular application. I140 premium processing gets approval in 15 days. Spouses of h1b workers with approved i-140 approved can file for the h4-ead work permit.