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The EB-2 and EB-3 Preference Categories of Employment based Immigrant Visas or Green Cards

The EB-2 preference category consists of (1) persons of exceptional ability and (2) persons whose jobs require an advanced university degree or its equivalent. Most EB-2 petitions require that an employer obtain the approval of a PERM application from the U.S. Department of Labor before sponsoring the person for lawful permanent residence. In limited cases, where it can be demonstrated that it is not in the interest of the United States for the employer to file a PERM application, employers and/or foreign nationals may directly file an immigrant visa petition. For more details on the National Interest Waiver, click here.

The EB-3 preference category consists of (1) professionals, (2) skilled workers, and (3) unskilled workers. Most EB-3 petitions require that an employer obtain the approval of a PERM application from the U.S. Department of Labor before sponsoring the person for permanent residence.

Attorney Sweta Khandelwal has assisted numerous U.S. employers in obtaining immigrant visas for their foreign-born workers. Contact us to see how we can help you.

Listen to Attorney Sweta Khandelwal discussing issues and concerns arising out of EB-2 and EB-3 visas that was aired live on March 17th at 9:00am PST at www.nrisamay.com.

Due to higher demand for EB visas from countries with large populations like China and India, the EB-2 and EB-3 backlogs often tend to be longer for nationals from these countries. To understand it takes so long for nationals of these countries, one must understand the concept of priority dates. Watch the legal segment of Sitaarre TV that was aired on February 19, 2012 to know more about priority dates and to understand their implications on your case.

However, foreign entrepreneurs (including Indian and Chinese nationals) may be successful in overcoming the problem of the wait time associated with the EB-2 and EB-3 categories. Watch Attorney Sweta Khandelwal discuss this option on the legal segment of Sitaare TV aired on May 6,2012.

To see if you can potentially overcome the problems associated with the wait times for the EB-2 and EB-3 categories, contact us.





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