The United States offers several employment-based visa categories for skilled workers, including the EB-2, EB-2 NIW (National Interest Waiver), and EB-3 visas. These categories are designed to attract individuals with varying levels of skills, education, and experience who can contribute to the American economy. Each category has specific requirements, and the appropriate visa depends on an individual's qualifications and the nature of their work.
Understanding EB-2, EB-2 NIW, and EB-3 Visas
EB-2 Visa:
The EB-2 visa is for individuals with advanced degrees (U.S. master's or higher, or foreign equivalent) or exceptional ability in the sciences, arts, or business. Exceptional ability can be demonstrated through evidence such as professional licenses, memberships in prestigious associations, or significant contributions to their field. Most EB-2 applicants require a job offer and labor certification (PERM).
EB-2 NIW:
The EB-2 National Interest Waiver (NIW) is a subcategory of the EB-2 visa that waives the job offer and labor certification requirements for individuals whose work is in the national interest of the United States. Applicants must have a track record of significant achievements and demonstrate that their work has substantial merit and national importance.
EB-3 Visa:
The EB-3 visa is for skilled workers (at least two years of experience or training), professionals (U.S. bachelor's or foreign equivalent), and other workers (positions requiring less than two years of training or experience). Most EB-3 applicants require a job offer and labor certification, but the educational and experience requirements are lower than the EB-2 category.
Legal Process for EB-2, EB-2 NIW, and EB-3 Visas
1. Consultation: The lawyer assesses the client's qualifications and determines the most appropriate visa category.
2. Labor Certification (PERM): If required, the lawyer assists the employer in obtaining labor certification by demonstrating that there are no qualified U.S. workers available for the position.
3. Petition Filing: The lawyer prepares and files Form I-140 (Immigrant Petition for Alien Worker) with supporting evidence to establish the client's eligibility for the selected visa category.
4. Priority Date: The lawyer monitors the client's priority date (the date the petition is filed) and its position in relation to the visa bulletin issued by the U.S. Department of State.
5. Visa Application or Adjustment of Status: When the priority date becomes current, the lawyer assists the client in applying for an immigrant visa at a U.S. consulate abroad (consular processing) or filing for adjustment of status if the client is already in the U.S.
6. Interview: The lawyer prepares the client for the visa interview or adjustment of status interview and attends if necessary.
7. Approval: Upon approval, the client receives an immigrant visa (consular processing) or a green card (adjustment of status), granting them permanent resident status in the U.S.
Throughout the process, the lawyer provides guidance, prepares necessary documentation, and advocates on behalf of the client to ensure a successful outcome.
