By: Coleman Jackson, Attorney | Immigration & Tax Law Firm | www.cjacksonlaw.com
March 27, 2014
EB-2 immigrant visa category is the second (out of five) “preference” immigrant visa category for United States employment based immigration to the United States of America. The EB-2 immigrant visa is one of the common ways in which foreign professional workers with advanced degrees and individuals with exceptional ability in the sciences, arts, or business receive employment-based green cards. E-2 immigrant visas are reserved for professionals holding advanced degrees or their equivalent, or a foreign national who has exceptional ability in science, arts or business and who will substantially benefit the United States’ national interest its economy, culture, education or welfare from their services with a U.S. employer.
Categories Under the EB-2 Employment Based Immigrant Visa:
EB-2(A): This category is for foreign nationals professionals with an ‘advanced degrees’ (masters degree or higher) and with a job offer from a U.S. company.
EB-2(B): This category is for foreign nationals with ‘exceptional ability’ in the sciences, business or arts and with a job offer from a U.S. company.
EB-2(C): This category is for foreign nationals with exceptional ability, or an advanced degree, who can show that their activities will benefit the U.S. national interest.substantially.
Pros and Cons of the EB-2 Immigrant Visa Category:
- Processing of EB-2 visa petition can be much quicker than other Employment Based Immigration categories.
- The capital investment required under the EB-2 immigrant visa classification is generally substantially less than the capital investment requirements under the EB-5 immigrant visa classification.
- No labor certification required in national interest cases.
- The foreign employee can apply for legal permanent residence status (Green Card) that allows them to live in the United States permanently.
- The EB-2 visa provides the ability to work in the United States indefinitely with properly filed and approved two year extensions.
- Once the permanent status is obtained, EB-2 immigrant visa worker can travel freely in and out of the U.S.A. for business or pleasure.
- The EB-2 visa holder’s spouse and children under the age of 18 may be admitted to the United States in the E-21 and E-22 immigrant visa status, respectively.
- The EB-2 visa holder’s spouse and children may attend school in the United States.
- During the process of permanent resident status the spouse is eligible to file for an Employment Authorization Document (EAD).
- EB-2 immigrant visa applicant must be a national of a country that the United States maintains a treaty of commerce and navigation.
- EB-2 immigrant visa applicant must be the same nationality of the principal alien employer.
- EB-2 treaty investor must have invested, or be actively in the process of investing, a substantial amount of capital of their own money obtained from lawful sources in a bona fide business in the United States of America.
- EB-2 immigrant visa investment cannot be in a marginal enterprise or a business that generates only enough income to provide a minimal living for the investor and their family.
- EB-2 immigrant visa applicant must show credible proof of an advanced degree or its equivalent.
- EB-2 immigrant visa applicant must show evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
- EB-2 treaty trader investor must prove source of investment capital; and must meet applicable legal requirements for doing business in the State or jurisdiction where the business entity will be located.
- EB-2 foreign nationals must have a valid job offer. However in National Interest category the requirement is waived.
- EB-2 immigrant visa petitions must be accompanied by an approved individual labor certification from the Department of Labor (DOL) on Form ETA-750. (Except EB-2(C) category).
- EB-2 treaty investor and employees may only work in the activity for which (s)he was approved at the time the EB-2 immigrant visa classification was granted.
- USCIS must formally approve any substantive changes in the terms and conditions of EB-2 immigrant visa status.
- Qualified treaty investor and employees are allowed a maximum initial stay of two years; however, extensions of stay are permitted in increments of two years each for and unlimited number of extensions.
- Family and employees lawful status is directly dependent upon the continued eligibility of the principal treaty trader under the EB-2 immigrant visa classification.
This blog is written by the Immigration & Tax Law Firm of Coleman Jackson, P.C. It is for informational and educational purposes and does not create an attorney-client relationship between this law firm and the reader. If you have questions about your particular situation regarding the EB-2 immigrant visa or other legal matters, you should consult with independent legal counsel with respect your individual situation or circumstances.
Coleman Jackson, PC
Immigration & Tax Law Firm
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Dallas, Texas 75206
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