Today, the team received an online consultation from a customer, personally feel quite representative, so specially here and everyone to popularize science, hope to help more people in need. #US ##Immigration##Employer Sponsored ##职业 #
The client reported that his EB2 application has made new progress, and the current i-140 immigration application has been approved by the IMMIGRATION, and the follow-up work hopes that we can assist in docking and advancing. When communicating some details of the problem, when we routinely understand the customer's employer situation in the United States, the customer says that he has no employer. Can you apply for eb2 without an employer and get approval? We suddenly realized that the customer's situation was not the usual EB2. Sure enough, when we looked deeper, we confirmed that the original customer applied for niw in the eb2 category, and this category belongs to the national interest exemption, the applicant does not need to find a company to hire, only need to prove that they meet the requirements, you can directly submit the application. Through this customer's consultation, we found that many people still know nothing about the classification and requirements of eb2, so we deliberately sorted it out and shared it as follows.
Eb2, also known as higher degree professional talent immigration, belongs to the second priority category of employment immigration in the US immigration law, including the following three subcategories.
Professionals with advanced degrees (EB-2A)
Applicants who meet this category must also meet the following conditions:
Have a master's degree or above, or a bachelor's degree plus more than 5 years of work experience in the professional field (equivalent academic qualifications);
There are corresponding companies in the United States that are willing to hire;
An individual's profession/expertise meets the requirements of the U.S. labor market and has obtained a labor certificate approved by the Department of Labor before filing an immigration application with USCIS.
Someone with a very special talent in the sciences, arts, or business (EB-2b)
Applicants who meet this category must meet at least 3 of the following 6 conditions:
Academic qualifications, degree certificates, or graduation certificates officially issued by a tertiary institution or educational institution training special talents;
A letter of recommendation from a current or past employer certifying that the applicant has at least ten years or more of professional experience in his or her area of expertise;
Obtain the license or certificate required to work in the professional field;
The applicant's salary or remuneration is high, proving that he or she has special talents;
Member of professional associations;
Make significant contributions and achievements in the field of expertise that are recognized by peers, government agencies, professional or business organizations;
If the criteria listed above do not apply exclusively to the applicant's profession or background, similar documents may be provided attesting to the applicant's special talents or achievements;
National Interest Exemption Treatment (NIW)
Qualified EB-2a and EB-2b persons who can demonstrate that their special talents and professional skills have substantial practical benefits to the national interests of the United States can enjoy the National Interest Waiver, waive the requirement to apply for a labor certification from the Department of Labor, file a green card application directly with the Immigration Department, and accelerate the acquisition of permanent resident status.
Promote the economic development of the United States;
Improving wages and working conditions for U.S. workers;
Improve the development of American children and educational attainment or health and hygiene;
Better living conditions for young, old, and impoverished Americans;
Promote environmental conservation efforts in the United States and make more efficient use of natural resources;
The relevant authorities of the United States Government have applied for acceptance.
2. How to apply for EB-2
EB-2a and EB-2b are required to be sponsored by the employer and apply for labor clearance, and after obtaining approval from the Department of Labor, the employer files Form I-140 for the applicant to apply for immigration, and the employer needs to prove that he or she has sufficient ability to pay wages to the applicant;
NIW does not require employer sponsorship and labor clearance and can file a form I-140 petition on its own;
Accompanying persons, i.e. the applicant's spouse and unmarried children under the age of 21, are eligible to apply with the applicant.
3. The EB-2 Immigration Application Process
Obtain employment from a U.S. employer - Obtain approval from the U.S. Department of Labor - Obtain approval from the U.S. Federal Department of Labor - File an immigration petition with the U.S. Citizenship And Immigration Services (USCIS) and pay the corresponding immigration fees - Get approval notice from uscis - Transfer the file to the U.S. National Visa Center (NVC) - File transfer to the U.S. Consulate General in China, schedule an interview - Complete a medical examination, attend an interview and obtain an immigrant visa - Obtain a visa and pay a green card production fee - Log in to the U.S. during the validity period of your visa (usually 6 months) – to obtain settled status, or a green card