EB2 Green Card Process – Employment Based Immigration

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An EB2 visa is a great way to get a green card in the United States. In this article, I will deal with the processing time of EB2 visas. In general, it takes approximately 18 months from start to finish to process an EB2 visa, but in some cases, it can take up to several years (depending on your country).

EB2 Visa Processing Time (Step By Step)

There are three steps to applying for an EB2 visa: a PERM work certificate, an immigrant petition, and an immigrant visa application as a status adjustment. As mentioned earlier, the average time taken to process an EB2 visa is approximately 18 months, but in some cases, it may be longer. The first step in the EB2 visa process is PERM job certification. The U.S. employer completes this process after identifying the foreign national he or she wants to employ.

The PERM process takes place between an employer in the US and the Department of Labor. The PERM process is a system for obtaining a certificate of employment from the Ministry of Labor. Job certification ensures that no American worker is ready and able to work. Once an employer in the US receives a work certificate, he can now sponsor a foreign worker for the position he holds. This PERM work certificate is NOT require for persons applying for the EB2 National Interest Grant category. This is require for all other EB2 visa applicants.

This PERM process requires applying for an overwhelming salary determination and going through a recruitment process. It usually takes 2-4 months to receive your first salary statement. The recruitment process takes at least 60 days.

 Although you can start the recruitment process before you get a predominant salary determination. You should talk to an immigration lawyer to see if this plan is for you. My team and I can help you discuss the pros and cons of each option. After receiving the salary determination and completing the recruitment process. You can fill in the PERM form and send the application.

SEE: The EB2 Green Card: How to Apply and What to Expect

Note

One thing to note is that an application for a PERM job certification must be submitted within 180 days. This means that if you start the recruitment process before you receive the dominant salary determination. The recruitment attempt may end before you receive the dominant salary determination. However, waiting for the prevailing payout before recruiting efforts will prolong this process. We will be happy to discuss this with my team and find the best timeline for you.

After applying for a PERM job certification (Form ETA-9089), it usually takes 6 months for the Ministry of Labor to process the application, but it may take longer if you are inspected. You cannot proceed with the immigration petition (which is the next step in the process) until you have been approved for PERM employment certification. This means that the total processing time for PERM job certification is generally 10 months.

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EB-2 category

Advanced degree – foreign workers with a degree higher than an American bachelor’s degree, such as a master’s or doctoral degree, as their foreign equivalent: a bachelor’s degree and at least 5 years of experience in the field.

Workers in this category must be approved by the US Department of Labor’s foreign worker certification process. Exceptional skills – foreign workers who have special education and have important skills in one of the following areas: arts, business, or science. Workers in this category must also be approved by the US Department of Labor’s foreign worker certification process. National Interest Waiver – Foreign workers are trying to lose the certification process for foreign employment because it is in the national interest of the United States to do so. Unlike other categories of EB-2 green cards, these workers do not need an employer sponsor and my EB-2 visa application. Additional EB-2 requirements:

Immigrants who apply for an EB-2 green card in the categories of exceptional ability or exemption from national interests must meet at least three of the following requirements:

  • The official academic record of a degree related to excellence. Proof of at least 10 years of experience in the field. Professional license or certification
  • A salary that shows that a person has exceptional skills in the field.
  • Join the relevant professional associations. Recognize a partner who manages success in this area. All other similar evidence of exceptional ability.

EB-2 Process

For applicants and their employers to successfully receive an EB-2 green card, they must proceed in three steps. The first step for an employer who wants to hire a foreign employee is to submit an application to the US Department of Labor for permanent job certification using the Electronic Management Review (PERM) system. It requires the employer to prove that it is a vacancy in a specific professional field, that this position is also available to American workers, that a foreign worker is required and that the wage for the job is average in this sector.

Your employer will need to go through an extensive recruitment process to ensure that there is no qualified U.S. staff available. Proper completion of this process is crucial, as a suspicion can trigger control by the Ministry of Labor. Processing time can be delayed by up to half a year.

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