An EB2 visa is a second preference, employment-based visa. You may be eligible for a standard EB2 or an EB2 National Interest Waiver visa. If you are a Chinese professional who holds an advanced degree or its equivalent or has exceptional abilities in your field, you may qualify for an EB2.
Professionals in business, technology, science, health, culture, and the arts may be eligible for an EB2 visa. You do not have to have a job offer to qualify. The Las Vegas Chinese EB2 lawyers at Wendot Law can help you determine if the EB2 is the right choice for your situation.
What Are the EB2 National Interest Waiver (NIW) Requirements?
In order to be approved for an EB2 National Interest Waiver (NIW), Chinese immigrants who wish to come to the United States must meet three criteria:
- You must prove that your proposed endeavor in the United States will be of national importance.
- You must prove that you have the financial means to advance your proposed endeavor.
- You must prove that the United States would benefit from your proposed endeavor, therefore making it in the country’s best interest to waive the Labor Certification.
In short, to qualify for an EB2, petitioners must demonstrate that they have the necessary skills and support to be successful both in and on the behalf of the U.S.
Do I Need a Job Offer for an EB2 Visa?
Chinese nationals do not need a job offer for an EB2 visa if you are filing for a National Interest Waiver. If you do have a job offer and you plan to file for the standard EB2, your employer will need to fill out Form I-140, Petition for Alien Worker.
During this process, your employer or prospective employer will need to provide documentation such as federal income tax returns to prove that they will be able to continue to pay the wage they have offered.
How Do I Qualify for an EB2 Visa in Las Vegas?
To prove that you meet the qualifications for the EB2 visa, you or your Las Vegas immigration attorney may need to present the following evidence:
- Your official academic record: This is to prove that you have an advanced degree (higher than a bachelor’s degree).
- Documentation of your profession: You will need to show letters as proof that you have had at least 10 years of fulltime experience in your field of expertise.
- Proof of your professional license: You will need to provide proof that you are licensed to practice in your profession.
- Proof of membership in professional organizations: You will need to prove that you are a member of professional organizations. However, unlike the EB1A visa, you will not need to prove that these organizations require outstanding achievements of their members.
- Proof of high salary: You may need to provide evidence that demonstrates that you command a high salary compared to others in your field.
Other evidence such as proof of recognition for contributions or achievements in your field may also be presented as proof that you qualify. Ask your Las Vegas EB2 visa attorney for more details about which evidence will be necessary in your case.
Is it Hard to Get an EB2 Visa?
How difficult it is to obtain an EB2 visa will depend on the strength of your evidence. In general, however, the National Interest Waiver is more difficult to get than the standard EB2. Having an experienced lawyer working by your side can help you avoid mistakes that can make the process more difficult.
How Long Is EB2 NIW Green Card Processing Time?
如果申请受益人的工作可以证明为美国带来巨大国家利益，也可以申请豁免劳工证，自己作为呈请人提出申请，这通常被称为国家利益豁免，简称 NIW。NIW 可以豁免劳工证的本意是：出于美国国家利益的考虑，美国需要该外国人所具有的特殊专业才能和技能，因此豁免需要雇主和办理劳工证的先行条件，加速批准该外国人的绿卡申请。 EB-2 所需要的高等学位或者特殊能力知识申请NIW的基础，并不能确保申请人一定能获得这项豁免劳工证申请的移民类别批准。想要成功获批，申请受益人还必须满足其他的一些实质性要求，例如要证明申请受益人处于推动此领域发展的地位，所从事的工作对美国整个国家具有深远的内在意义，符合经济，文化，教育或社会福利等方面的国家利益。但众多已被美国移民局批准豁免劳工证并顺利通过NIW取得绿卡的人并不局限于以上领域，关键在于能证明自己实际所从事的工作会对美国整体国家利益做出贡献。
How Much Does it Cost to Get an EB2 Visa?
Although the cost of getting an EB2 visa may differ based on the specifics of each individual case, most cases cost an average of anywhere from $750 to $1,140. You will also need to pay $88 for the Affidavit of Support fee. In addition to these charges, if you are applying from outside the United States, you will also need to pay a DS-260 filing fee of $230.
Can My Family Come With Me On an EB2 Visa in Las Vegas, NV?
If your EB2 visa is approved, your spouse and your unmarried children who are under the age of 21 may also be eligible to join you in Las Vegas, Nevada. Ask your EB2 lawyer if your loved ones are eligible to apply for admission to the US under E-21 or E-22 immigrant status.
What Is the National Interest Waiver Criteria for Doctors?
Physicians who wish to come to the United States on a National Interest Waiver (NIW) must work at a Veterans Administration (VA) hospital or in an underserved community for five years in order to qualify for this visa. In addition to this, doctors must meet the same minimum criteria as other applicants.
How Do I Apply for an EB2 Visa?
Anyone can apply for an EB2 green card directly with USCIS, but you may find that working with a Chinese immigration lawyer in Las Vegas from Wendot Law will make the process smoother and less stressful.
In order to apply for an EB2 visa, you, your employer, or your immigration attorney will need to fill out form I-140 (Immigrant Petition for Alien Workers). In addition to this, you will need to submit evidence that supports your petition to the USCIS service center in your jurisdiction. Reach out to us for your free consultation for personalized information about your case.