The EB2 visa, or Employment-Based Second Preference visa, is designed for foreign nationals who possess advanced degrees or exceptional abilities in their field. This category of visa is often chosen by skilled professionals in industries like healthcare, technology, finance, and research who are eager to settle permanently in the United States. The EB2 visa provides a streamlined pathway to a green card, granting lawful permanent residency.
This article will walk you through each stage in the green card process for the EB2 visa, from the initial PERM Labor Certification to final adjustments and required forms. Understanding each of these stages in the green card process for EB2 applicants is crucial for a smooth application journey.
Step 1: PERM Labor Certification
The PERM Labor Certification is the first stage in the green card process for EB2 visa applicants. Administered by the Department of Labor (DOL), this certification verifies that hiring a foreign national for a specific job won’t negatively impact U.S. workers in terms of wages and working conditions. The certification process is detailed and includes the following steps:
- Job Posting and Recruitment: The employer must advertise the position in multiple locations, such as job boards, newspapers, and online platforms, to demonstrate that no qualified U.S. workers are available for the role. The employer must let the Job Advertisement run for a minimum of 30 days, no longer than 180 days.
- Filing the ETA Form 9089: Once recruitment efforts are completed, the employer files ETA Form 9089 with the DOL, which formally requests the PERM Labor Certification. This form includes details about the job, the foreign national’s qualifications, and the recruitment process. The employer is also required to complete a Notice of Filing.
- DOL Review and Approval: The Department of Labor reviews the application and either approves, denies, or audits it. If approved, the employer can proceed to the next stage in the green card process for EB2 applicants.
Obtaining the PERM Labor Certification can be time-consuming, as it involves multiple recruitment rounds and DOL review periods. However, this step is crucial as it verifies the job opportunity’s legitimacy and the necessity of hiring a foreign worker.
Also Read: Everything you need to know about EB-2 visa
Step 2: Immigrant Petition (Form I-140)
Following the PERM Labor Certification, the employer must file Form I-140, Immigrant Petition for Alien Worker. This stage in the green card process for EB2 applicants establishes the applicant’s eligibility based on their skills, education, and experience. Here’s what this step entails:
- Filing Form I-140: The employer submits Form I-140 to U.S. Citizenship and Immigration Services (USCIS). This form provides evidence that the foreign national meets the EB2 visa requirements, such as holding an advanced degree or possessing exceptional abilities in their field. The filing fee for Form I-140 is $715.
- Supporting Documentation: The application includes supporting documents like proof of the employee’s qualifications (e.g., diplomas, licenses), evidence of work experience, and sometimes letters of recommendation.
- Priority Date Establishment: When USCIS receives Form I-140, it assigns a priority date, which determines when the applicant can proceed to the final stages in the green card process for EB2. This priority date is critical in the process, as applicants often must wait for their priority date to become current in the visa bulletin before proceeding.
The Immigrant Petition stage establishes the applicant’s qualifications and solidifies their position in the green card queue. Processing times for Form I-140 vary but can be expedited with premium processing if necessary.
Securing expert legal assistance from Sweta Khandelwal can be invaluable at this stage to compile a compelling application with all necessary documentation.
Step 3: Adjustment of Status or Consular Processing
The third and final stage in the green card process for EB2 applicants involves either Adjustment of Status (AOS) or Consular Processing, depending on whether the applicant resides in the United States or abroad. This stage grants lawful permanent residency and includes the following sub-stages:
- Adjustment of Status (Form I-485): If the applicant is already in the U.S., they may apply for an Adjustment of Status by filing Form I-485. This form transitions their visa status from EB2 to lawful permanent residence. The filing fee for Form I-485 is $1,440.
- Supporting Documentation: The application requires supporting documents, including medical examination results, passport copies, Birth Certificate, I-94, Records related to arrests (If any), proof of lawful entry, and police clearances.
- Work and Travel Authorization: Many applicants also file for an Employment Authorization Document (EAD) and Advance Parole (AP), which allow them to work and travel while the adjustment is pending.
- Consular Processing: Applicants outside the U.S. follow consular processing, which involves an interview at a U.S. consulate in their home country.
- Form DS-260 Submission: The applicant completes and submits Form DS-260, an online immigrant visa application. The filing fee for Form DS-260 is $345.
- Consular Interview: After DS-260 submission, the applicant schedules an interview at the U.S. embassy or consulate. During the interview, consular officers review documents and ask questions about the applicant’s background, job, and qualifications.
After completing AOS or Consular Processing, the applicant receives a green card, officially granting them lawful permanent residency.
Also Read: Filing an I-130 for Spouse Green Card Process and Procedures
Priority Date and Visa Bulletin
The Visa Bulletin, published monthly by the U.S. Department of State, plays a crucial role in the immigration process for those applying for employment-based visas, including the EB-2 category. This bulletin outlines the priority dates that determine when applicants can proceed with their green card applications based on visa availability.
What is a Priority Date?
The priority date is essentially your place in line for a green card. It is the date when your petition (Form I-140 for EB-2) was filed with USCIS. This date is critical as it dictates your eligibility to move forward in the immigration process based on the current cut-off dates listed in the Visa Bulletin.
Key Sections of the Visa Bulletin
- Final Action Dates: This section indicates when an applicant’s green card can be issued. If your priority date is earlier than the final action date for your category, you can proceed with your application.
- Dates for Filing: This section allows applicants to submit their documents even if their priority date is not current yet, facilitating early preparation.
November 2024 Visa Bulletin Updates for EB-2
For November 2024, here are the significant updates regarding the EB-2 category:
November 2024 Visa Bulletin:
December 2024 Visa Bulletin
Implications of Cut-Off Dates
The cut-off dates can significantly impact wait times for applicants:
- Applicants from countries with high demand (like India and China) often face longer waits due to backlogs.
- The movement of these dates can vary month-to-month based on visa usage and demand.
Understanding your priority date and how it interacts with the Visa Bulletin is essential for navigating the EB-2 visa process effectively. Regularly checking the Visa Bulletin will help you stay informed about your eligibility to move forward with your application.
Also Read: How To Apply for a Marriage Green Card in the United States? A Step-by-Step Guide
Documents and Forms Required
To apply for an EB-2 visa, several documents and forms are required, depending on the specific category under which you are applying (Advanced Degree, Exceptional Ability, or National Interest Waiver). Below is a comprehensive list of the necessary documentation and forms:
- ETA Form 9089
- Purpose: It is filed as part of the Permanent Labor Certification Program (PERM) administered by the Department of Labor (DOL).
- Who Files: The U.S. employer files ETA Form 9089 on behalf of the foreign worker they wish to sponsor for permanent residency (green card).
Note: Not required if applying for a National Interest Waiver (NIW).
- Form I-140 (Immigrant Petition for Alien Worker)
- Purpose: This is the primary petition filed with USCIS to classify the applicant as eligible for an EB-2 visa.
- Who Files: The employer files this form unless the applicant is self-petitioning under the NIW category.
- Form I-797 (Notice of Action)
- Purpose: This notice is sent by USCIS to confirm receipt and approval of Form I-140.
- Who Receives: The applicant receives this after their petition has been processed. After their petition has been received and processed, they should receive 2 I-797 receipt notices.
- Form I-485 (Application to Register Permanent Residence or Adjust Status)
- Purpose: If the applicant is in the U.S., this form is used to adjust their status to that of a lawful permanent resident.
- Who Files: The applicant files this after their priority date becomes current and Form I-140 is approved.
- Form DS-260 (Application for Immigrant Visa and Alien Registration)
- Purpose: For applicants outside the U.S., this form is used during consular processing for an immigrant visa.
- Who Files: The applicant submits this form at a U.S. consulate after Form I-140 approval.
- Civil Documents
Applicants must provide various civil documents, including:
- Birth certificate
- Marriage certificate (if applicable)
- Arrest Records and Certified Court Disposition Records (If any)
- Military records (if applicable) Copy of I-94
These documents must be translated into English if they are in another language. Include a Certified English Translation.
- Medical Examination
A medical exam performed by an authorized physician is required before applying for adjustment of status or consular processing. The results must be submitted with the application. Medical Exams do not expire.
- Evidence Supporting Eligibility
Depending on the category, applicants must provide evidence such as:
- Academic degrees and transcripts (for Advanced Degree category)
- Documentation proving exceptional ability in their field (for Exceptional Ability category)
- Evidence that their work benefits the national interest (for NIW)
Ensuring that all required documents and forms are completed correctly is crucial in each stage of the green card process for EB2 applicants. Delays and rejections often stem from missing or incomplete documentation.
Ensuring documentation meets strict USCIS standards is paramount, and professional advice from the law offices of Sweta Khandelwal can help prepare a comprehensive and correct submission.
Factors Affecting Processing Time
The processing time for each stage in the green card process under EB2 depends on several factors, including:
- Priority Date Backlog: High demand for the EB2 visa, particularly from countries like India and China, often leads to prolonged wait times as priority dates become backlogged.
- USCIS and DOL Processing Delays: Processing times for PERM certification and I-140 petitions vary, as government agencies may experience delays due to resource allocation, staffing, and application volume.
- Application Completeness: Incomplete or incorrect documentation can significantly delay processing at each stage. Ensuring all forms are filled out accurately and supported by required documents can minimize these delays.
- Premium Processing Option: For Form I-140, USCIS offers premium processing, which can expedite the adjudication process. This option, however, comes with an additional fee and is not available for other steps in the process.
By understanding these factors and preparing well, applicants can navigate the green card process more efficiently and reduce the likelihood of extended wait times.
Conclusion
The green card process for EB2 applicants, while intricate, offers a viable path to lawful permanent residency for skilled professionals. The process involves three major stages: obtaining the PERM Labor Certification, filing Form I-140, and finalizing through Adjustment of Status or Consular Processing. Each stage has its requirements and timelines, with priority dates and government processing times affecting the journey.
Ensuring thorough preparation and submission of accurate documentation is essential for success in the green card process. By understanding these stages in the green card process for EB2, applicants can achieve their goal of securing a green card and building a prosperous future in the United States.
If you’re considering applying for a green card through the EB2 visa or need expert guidance on any aspect of your immigration journey, The Law Offices of Sweta Khandelwal is here to help. With over 18 years of experience, Sweta Khandelwal and her team provide specialized immigration legal services. Whether you need assistance with business or family immigration, visas, green cards, or citizenship, the Law Offices of Sweta Khandelwal can offer the comprehensive support you need.
Contact Sweta Khandelwal today to ensure your path to a green card is as smooth and successful as possible.
Disclaimer
Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without notice.
