EB-2 Green Card Benefits | Is It the Best Choice for You?

Do you might want to recruit international expertise on your U.S. primarily based enterprise? The U.S. permits various inexperienced playing cards yearly to be allotted to international staff for the aim of filling home job openings underneath the EB-2 class. There are various Eb-2 inexperienced card advantages, which we’ll discover in depth all through this text.

A few of these EB-2 inexperienced card advantages embrace decrease {qualifications} for the EB-2 Nationwide Curiosity Waiver (NIW) in comparison with the EB-1A visa, so it routinely makes it extra accessible to extra folks due to these {qualifications}. One other EB-3 profit is which you could skip the labor certification processing so each the inexperienced card software and Nationwide Curiosity Waiver could be filed on the similar time.

Desk of Contents

1. EB-2 Inexperienced Card Advantages and Disadvantages
2. EB-2 Necessities – How You Can Qualify
3. EB-2 Nationwide Curiosity Waiver (NIW)
4. EB-2 vs. EB-3
5. Phases for Onboarding EB-2 Workers
6. Expedite the Processing Time
7. Seek the advice of Our EB-2 Attorneys

EB-2 Inexperienced Card Advantages and Disadvantages

As talked about earlier than, one of many greatest EB-2 inexperienced card advantages is that the {qualifications} are much less strenuous than different employment-based visas just like the EB-1. The employment-based second desire class is designed for professionals who’ve superior levels or these with distinctive skill in enterprise, the humanities, or sciences.

To qualify for the second desire, you have to have an LCA that’s permitted by the Division of Labor (or schedule A designation) and/or show that you just qualify for a place that’s of a scarcity occupation inside the Labor Market Info Pilot Program. You additionally must have a job provide in place from a United States employer, and so they need to file the petition in your behalf (because the applicant). In some instances, you could be exempt from this requirement in case you are an alien and might show that it’s within the nationwide curiosity to take action. If that’s your case, then you possibly can fill out Type I-140 and submit the suitable proof with it demonstrating nationwide curiosity. It’s essential to say that as a part of your submissions the employer has to show that they’ve the flexibility to proceed paying the provided wage as of the precedence date. They will submit issues like an annual report, monetary paperwork, tax returns, or different statements to show this.

Inside the employment second desire class, there are two subgroups. The primary subgroup is these professionals who’ve a sophisticated diploma, a baccalaureate diploma with a minimal of 5 years of expertise in that occupation. The second subgroup in that class is people who possess distinctive skill within the sciences, arts, or enterprise. It’s essential to say which you could petition for your self for the Nationwide Curiosity Waiver and, in essence, bypass everlasting labor certification and job necessities. Once more, you might want to present proof that it’s in the most effective curiosity of america of America for these necessities to be waived by USCIS.

One of many disadvantages of the EB-2 is that the Nationwide Curiosity Waiver for this class has precedence dates primarily based on the applicant’s house nation. Traditionally processing this has been longer than different classes just like the EB-1 visa. Because of the complexity of submitting employment-based inexperienced playing cards, it’s finest to have an skilled immigration lawyer assessment your case earlier than you petition for your self or submit any paperwork to USCIS.

EB-2 Necessities – How You Can Qualify

There are a variety of required paperwork and certifications essential to qualify underneath the EB-2 class with the Distinctive Potential or NIW (Nationwide Curiosity Waiver). You should be capable of meet a minimal of three of the next necessities:

• An official educational file  indicating that you just obtained a sophisticated diploma—or international equal if not U.S. primarily based—within the subject of remarkable skill
• At the very least 5 years of expertise in your subject with supporting documentation out of your employer
• Skilled certification or licensure and/or recognition of success from a authorities or peer
• Proof of wage paid that signifies you’ve gotten distinctive skill in a subject
• Any memberships or associations to an expert group

EB-2 Nationwide Curiosity Waiver (NIW)

The EB-2 NIW comes into play whenever you need the labor certification requirement to be waived, however you have to show that it’s in the most effective curiosity of the U.S. to take action. Once more, one of many EB-2 inexperienced card advantages is that there are decrease {qualifications} for the EB-2 Nationwide Curiosity Waiver (NIW) in comparison with the EB-1A visa. All these factors are essential to remember when deciding which path to take.

Because of the complexity of it and the present delays in immigration processing, we extremely advocate searching for the steerage of an skilled EB-2 lawyer.

EB-2 vs. EB-3

Earlier, we explored the EB-2 inexperienced card advantages in comparison with the EB-1 visa and defined that the precedence dates for the EB-2 NIW visa are depending on the applicant’s nation of origin, in order that they tended to be longer. Nonetheless, in previous months, the reverse has truly been true as a result of EB-1 backlogs. Both means, each the EB-2 NIW and EB-1 are extra advantageous than different employment visas that require a labor certification.

Now, let’s discover EB-2 vs. EB-3 employment classes. The EB-3 is meant for expert/skilled staff who’ve at minimal a bachelor’s diploma with a minimal of 5 years of labor expertise. For the reason that necessities for the EB-3 are a bit simpler to satisfy, the backlog is bigger and generally up to a couple years longer than an EB-2.

Phases for Onboarding EB-2 Workers

When you’re an employer searching for to rent a international worker underneath the EB-2 visa or EB-3 class, you have to observe the steps established by USCIS and likewise show to the Division of Labor that you just made the hiring course of truthful for all certified candidates.

• The place should be marketed in a newspaper with native circulation for at least two Sundays. Moreover, you would possibly must promote the place in three different recruitment boards—web site, job portals, and so forth.
• Subsequent, you might want to promote the place the recruit shall be working and doc all of the steps concerned, together with different candidates who utilized and your communications with them. It should be clear that each one candidates got a good likelihood.
• The PERM recruitment course of is important earlier than submitting a labor certification software with the Division of Labor. After submitting the LCA, you have to be capable of present that your organization can afford to pay the prevailing wage, and by hiring the international expertise you aren’t taking jobs from somebody in america.
• After the PERM is permitted, you simply should be affected person till you obtain the EB-2 or EB-3 visa.

Expedite the Processing Time

There are methods to expedite the EB-2 processing time and that’s by buying premium processing. By doing so, you possibly can minimize the wait time to 2 weeks, and it’ll value a further $2,500—this payment enhance took impact October 19, 2020. The identical payment applies for premium processing of I-140s, EB-1, EB-2, and EB-3 petitions. Earlier than electing to spend the extra cash on premium processing, it’s actually suggested to contemplate your EB-3 precedence date alongside together with your lawyer. Your precedence date is when USCIS will get your I-140 petition, and because of the immigration hurdles in 2020, there have been many backlogs. You may also test the visa bulletin to see the ultimate motion dates in line with your own home nation.

Seek the advice of Our Attorneys About EB-2 Inexperienced Card Advantages

Our legal professionals have had years of expertise dealing with advanced employment-based immigration instances for purchasers all over the world. We will rapidly decide if an EB-2 inexperienced card is the most effective plan of action for you in addition to what paperwork and knowledge we’ll want to begin the method. Contact us at present to make the most of our free consultations.