Talent

O-1 Visa for individuals with extraordinary ability or achievement

The O-1 Visa is a nonimmigrant visa category designed for individuals who possess extraordinary ability or achievement in their respective fields. These fields may include the sciences, arts, education, business, athletics, or any other area where extraordinary talent and expertise are demonstrated. The primary purpose of the O-1 Visa is to allow these exceptionally talented individuals to temporarily work and reside in the United States, contributing their unique skills and knowledge.

Two Categories of O-1 Visas

• O-1A Visa: This category is for individuals with extraordinary ability in the sciences, education, business, or athletics. It targets professionals who have excelled in these fields and are internationally recognized for their achievements.

• O-1B Visa: The O-1B Visa is intended for individuals with extraordinary ability in the arts, including music, theater, film, and the visual arts. It applies to artists and performers who have achieved exceptional recognition and acclaim in their artistic endeavors.

1. Eligibility Criteria: (Must meet at least three of the following criteria)

• Distinguished Performances: Has performed or will perform services in productions or events recognized for their distinction, supported by reviews, advertisements, publicity releases, publications, contracts, or endorsements/letters.

• Reputation with Leading Organizations: Has undertaken lead, starring, or critical roles for organizations and establishments known for their distinguished reputation, as evidenced by articles in newspapers, trade journals, publications, or testimonials.

• National or International Recognition: Has achieved recognition at a national or international level, demonstrated by critical reviews or other published materials in major newspapers, trade journals, magazines, or other publications.

• Commercial or Critical Success: Boasts a track record of major commercial or critically acclaimed successes, as indicated by factors like titles, ratings, standing in the field, box office receipts, motion picture or television ratings, and other career accomplishments reported in trade journals, major newspapers, or publications.

• Recognition from Experts: Has received significant recognition from organizations, critics, government agencies, or field experts, with testimonials underscoring the author’s authority, expertise, and knowledge of the individual’s achievements.

• High Compensation: Receives a substantial salary or remuneration compared to peers in the field, supported by contracts or other reliable evidence.

• Recipient of Awards: Has been honored with awards or accolades in recognition of outstanding achievements.

2. Validity Period

The duration of their stay depends on the terms specified in the petition, which may correspond to the length of the specific project or extend for up to three years. Extensions in increments of up to 1 year are available if necessary.

3. The Visa Application Process

Step 1 : Consultation and Advisory Opinion:

In the case of O-1A and O-1B visa applicants, it is typically required to obtain an advisory opinion from a relevant labor organization or peer group. This opinion serves as an expert evaluation of the applicant’s extraordinary ability or achievement in their specific field. It adds credibility to the visa application and reinforces the individual’s exceptional qualifications.

Step 2 :  Employer’s Petition:

The O-1 visa application process begins with the U.S. employer or agent filing Form I-129, known as the Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign individual. This petition is meticulously prepared and supported by an extensive array of documentation that substantiates the applicant’s extraordinary abilities, achievements, and the significance of their role.

Step 3 : Once USCIS approves the employer’s petition, the foreign individual can initiate the visa application process at the U.S. embassy or consulate in their home country. This phase includes scheduling and attending an in-person interview, where the applicant must present a comprehensive set of supporting documents to affirm their eligibility.

Step 4 : Visa Approval:

Upon successful completion of the visa application and interview, the foreign individual is granted an O-1 visa, allowing them legal entry into the United States for the explicit purpose of exercising their extraordinary abilities or talents.

Step 5 :  Entry to the U.S.:

Upon arrival in the United States, O-1 visa holders can commence their work or projects as outlined in their approved petition.

O-1 visa holders have the flexibility to apply for extensions of stay to continue their work in the United States. Additionally, they may change employers, provided that a new Form I-129 petition is filed and subsequently approved by USCIS.

O-1 visa holders can bring their immediate family members, including spouses and unmarried children under the age of 21, to the United States under the O-3 dependent visa category. However, it’s important to note that O-3 visa holders are not authorized to work in the U.S.

A notable advantage of the O-1 visa is its « dual intent » nature, which allows visa holders to simultaneously pursue lawful permanent residency (a green card) in the U.S. through employment-based immigration pathways while maintaining their nonimmigrant status.

It is imperative for both the U.S. employer and the O-1 visa holder to diligently adhere to the terms and conditions of the visa, including fulfilling the specific duties and responsibilities outlined in the approved petition. Maintaining compliance ensures the continued validity of the visa and the individual’s authorized stay in the U.S.

Navigating the O-1 Visa process is a multifaceted undertaking that necessitates meticulous planning, comprehensive documentation, and strict adherence to rigorous eligibility criteria. Due to the complexities of the process and the potential for adjustments in U.S. immigration policies, it is highly advisable to seek guidance from experienced immigration attorneys or legal experts for effective navigation. Staying informed about any updates or changes in U.S. immigration regulations and procedures is essential for a successful O-1 visa application and a productive stay in the United States.

O-2 Visa for support personnel of O-1 visa holders

The O-2 Visa is a nonimmigrant visa category designed for individuals who provide essential support to O-1 visa holders. O-2 visa holders play a crucial role in ensuring the success of the O-1 visa holder’s performance or project in the United States. This visa allows them to accompany and assist O-1 visa holders during their stay.

1. The Requirements

To qualify for an O-2 Visa, the applicant must have a direct and integral relationship with the O-1 visa holder. They should be an essential part of the O-1 visa holder’s performance or project, and their skills or expertise must be critical to its success.

2. The Application Process

Step  1 : The O-2 Visa application process begins with the O-1 visa holder’s U.S. employer filing a Form I-129, Petition for a Nonimmigrant Worker, on behalf of the O-2 support personnel. This petition must demonstrate the importance of the support personnel’s role and the necessity of their presence for the success of the O-1 visa holder’s work.  Supporting Documentation: The Form I-129 petition for O-2 visa support personnel should be accompanied by comprehensive documentation that highlights the nature of the performance or project, the role of the support personnel, and their unique skills or expertise. This may include letters of recommendation, contracts, or other evidence.

Step 2 :  Once USCIS approves the employer’s petition, the O-2 support personnel can apply for the O-2 visa at the U.S. embassy or consulate in their home country. They must attend an in-person interview and present supporting documents that substantiate their eligibility and the significance of their role.

Step 3 :  Visa Approval:

If the visa application is approved, the O-2 support personnel is granted an O-2 visa, allowing them to accompany and assist the O-1 visa holder during their stay in the United States.

Step 4 : Entry to the U.S.:

Upon arrival in the United States, O-2 visa holders can begin their roles and responsibilities in support of the O-1 visa holder’s performance or project. Their duration of stay is typically tied to the length of the O-1 visa holder’s work period.

O-2 visa holders can apply for extensions of stay to continue supporting the O-1 visa holder in the U.S. If they wish to change employers or work on a different project, a new Form I-129 petition must be filed and approved by USCIS.

It is essential for O-2 visa holders to strictly adhere to the terms and conditions of their visa, as well as their role in supporting the O-1 visa holder. Failure to do so may jeopardize their legal status and their ability to continue working in the U.S.

Family members, including spouses and unmarried children under 21, can accompany O-2 visa holders to the United States under the O-3 dependent visa category. However, O-3 visa holders are not authorized to work in the U.S.

Navigating the O-2 Visa process requires careful coordination between the O-1 visa holder’s employer, the O-2 support personnel, and extensive documentation to demonstrate the essential nature of the support role. Staying informed about any updates or changes in U.S. immigration regulations and procedures is also crucial for a productive stay in the United States as an O-2 visa holder.

P-1A Athlete visa

1. Eligibility Requirements for the P-1A Athlete Visa

The P-1A Athlete Visa is a specialized category designed for foreign athletes who wish to compete professionally in the United States. Whether you’re an aspiring Olympian, a professional athlete, or a member of a renowned sports team, the P-1A visa allows you to showcase your athletic talents in the U.S. To successfully obtain this visa, you must meet specific eligibility requirements outlined by the United States Citizenship and Immigration Services (USCIS). Here are the key criteria you need to fulfill:

• Internationally Recognized Athlete: To be eligible for the P-1A visa, you must demonstrate your status as an internationally recognized athlete. This recognition can be evidenced by achievements, awards, and a history of significant participation in international competitions. Your sport should have a substantial following and level of competitiveness both globally and in the U.S.

• Individual or Team Sports: Whether you’re engaged in individual or team sports, you can qualify for the P-1A visa. For individual athletes, you should demonstrate your high level of achievement and recognition in your sport. Team athletes should provide evidence of their team’s standing and reputation in international competitions.

• Consultation with a Recognized Sports Association: One of the unique aspects of the P-1A visa application process is the requirement for consultation with a recognized U.S. sports association. This consultation typically involves obtaining a written advisory opinion from the relevant sport’s governing body, which verifies your international recognition and eligibility.

• Contract or Agreement: You must have a valid contract or a written agreement with a U.S. sports team or a recognized entity that will employ or contract you as an athlete. This contract should detail the terms of your employment, including compensation, benefits, and other relevant conditions.

Meeting these eligibility criteria is the first crucial step in obtaining a P-1A Athlete Visa. Once you confirm that you meet these requirements, you can move on to the application process.

2. Validity Period of the P-1A Athlete Visa

The P-1A Athlete Visa offers foreign athletes the opportunity to compete in the United States for a specific period. Understanding the validity period and potential extensions is essential for athletes planning their careers in the U.S. Here’s what you need to know about the validity of the P-1A visa:

Initial Validity: The initial validity period of the P-1A visa depends on your specific circumstances. Generally, it can be granted for up to five years. However, it’s essential to note that the visa’s duration is tied to the terms of your contract or agreement with the U.S. sports team or entity that sponsors you. If your contract is shorter, your visa will match its length.

Extensions: Athletes with ongoing or extended contractual commitments have the option to extend their P-1A visas. Extensions are typically granted in increments of up to five years. It’s crucial to apply for an extension before your current visa expires to maintain your legal status in the U.S.

Total Stay Limit: There is no maximum limit on the total duration an athlete can stay in the U.S. on a P-1A visa. As long as you meet the eligibility criteria and continue to have a contractual relationship with a U.S. sports team, you can keep extending your visa.

Family Members: Immediate family members (spouse and unmarried children under 21) of P-1A visa holders can accompany them to the United States on P-4 visas. However, family members cannot work while in the U.S. under P-4 status. They are allowed to attend school.

Travel: P-1A visa holders can travel in and out of the U.S. during the visa’s validity period. It is essential to ensure that your visa remains valid when you return to the U.S. after international competitions or trips abroad.

Impact of Contract: Your P-1A visa is intrinsically connected to your contract with the U.S. sports team. If your contract expires, is terminated, or your relationship with the team ends, your visa status may be affected. It’s crucial to maintain a valid contract throughout your stay in the U.S.

P-1S Essential Support Personnel: If you have essential support personnel (such as coaches or trainers) accompanying you, their P-1S visas are also tied to your contract and are subject to the same terms and extensions.

3. The Thorough Application Process for the P-1A Athlete Visa

Obtaining a P-1A Athlete Visa involves a detailed application process that requires careful planning and coordination with your sponsoring U.S. sports team or entity. Here is a step-by-step guide to help you navigate the application process successfully:

Step 1. Secure a Contract: Before applying for the P-1A visa, you need to have a valid contract or written agreement with a U.S. sports team or a recognized sports entity. This contract should outline the terms of your employment, including compensation, duration, and other relevant details.

Step 2. Consult with a Recognized Sports Association: As an essential step, consult with the appropriate U.S. sports association governing your sport. This consultation typically involves obtaining a written advisory opinion that confirms your international recognition and eligibility for the P-1A visa. The sports association’s support is crucial for your application.

Step 3. Complete Form DS-160: Start the application process by completing Form DS-160, the Online Nonimmigrant Visa Application. You can access this form on the website of the U.S. Department of State. Make sure to follow the instructions carefully and provide accurate information.

Step 4. Pay the Visa Application Fee: Pay the required visa application fee, which is typically non-refundable. The fee amount may vary depending on your nationality and the U.S. embassy or consulate where you apply.

Step 5. Schedule a Visa Interview: After completing Form DS-160 and paying the fee, schedule a visa interview appointment at the U.S. embassy or consulate in your home country. Visa interview wait times and procedures can vary, so it’s advisable to schedule your appointment well in advance.

Step 6. Gather Required Documents: Prepare a comprehensive package of required documents, which may include:

– Your valid passport.

– A copy of your Form DS-160 confirmation page.

– Passport-sized photographs.

– The written advisory opinion from the relevant U.S. sports association.

– Your valid contract or agreement with the U.S. sports team or entity.

– Proof of your international recognition and achievements, such as awards, medals, or records.

– Evidence of your athletic achievements, including statistics, rankings, and achievements in international competitions.

Step 7. Attend the Visa Interview: On the scheduled date, attend your visa interview at the U.S. embassy or consulate. Be prepared to answer questions about your athletic career, contract, achievements, and eligibility. It’s essential to provide honest and accurate responses.

Step 8. Visa Issuance: If your visa application is approved, your passport will be stamped with the P-1A visa, allowing you to enter the United States. Ensure that the visa’s validity matches the terms of your contract.

Step 9. Travel to the U.S.: Once you have your P-1A visa, you can travel to the United States. It’s crucial to abide by the terms of your contract and maintain your contractual relationship with the U.S. sports team throughout your stay.

Step 10. Extensions and Compliance: If you plan to stay beyond the initial visa validity period, work with your sponsoring entity to apply for extensions as needed. Compliance with U.S. immigration laws is essential to maintain your legal status.

The P-1A Athlete Visa application process requires careful attention to detail and adherence to the specific requirements outlined by U.S. immigration authorities. By meeting the eligibility criteria, collaborating with the relevant sports association, and following the application steps diligently, you can pursue your athletic career in the United States successfully.\

P-1S Visa for essential support personnel of P-1A visa holders

The P-1S Visa is a nonimmigrant visa category specifically tailored for individuals who provide indispensable support to P-1A visa holders. These support personnel play a central role in ensuring the success of the P-1A visa holder’s athletic or entertainment performance in the United States. The primary purpose of the P-1S Visa is to allow these critical individuals to accompany and assist P-1A visa holders during their stay in the U.S.

1. Eligibility criteria

To qualify for a P-1S Visa, the applicant must establish a direct and integral relationship with the P-1A visa holder. Their role should not merely be complementary but truly indispensable to the P-1A visa holder’s athletic or entertainment performance. The skills or expertise they possess must be recognized as critical for the overall success of the performance.

2. The Application Process

• Obtaining a P-1S Visa initiates with the U.S. employer or agent of the P-1A visa holder filing a Form I-129, Petition for a Nonimmigrant Worker, on behalf of the P-1S support personnel. This petition is a pivotal step and must provide compelling evidence that vividly demonstrates the significance of the support personnel’s role and how their presence is vital for the overall success of the P-1A visa holder’s performance. Supporting Documentation: The Form I-129 petition for P-1S visa support personnel should be supported by an extensive array of documentation that paints a vivid picture of the nature of the performance or event, the precise role and responsibilities of the support personnel, and their unique skills or expertise. This documentation may encompass detailed letters of recommendation, comprehensive contracts, or any other pertinent evidence.
• Following approval by U.S. Citizenship and Immigration Services (USCIS), the P-1S support personnel can commence the visa application process at the U.S. embassy or consulate in their home country. This phase necessitates meticulous scheduling and attending an in-person interview. During this interview, the applicant must present a substantial set of supporting documents that convincingly substantiate their eligibility and the indispensable nature of their role.
• If the visa application successfully passes through the approval process, the foreign P-1S support personnel is granted a P-1S visa, which bestows upon them the legal right to enter the United States for the express purpose of providing essential support to the P-1A visa holder during their authorized stay.
• Upon their arrival in the United States, P-1S visa holders are endowed with the authority to commence their designated roles and responsibilities. These roles typically involve actively supporting the P-1A visa holder’s athletic or entertainment performance. The duration of their stay is usually synchronized with the length of the P-1A visa holder’s authorized work period.
• It is of utmost importance for P-1S visa holders to scrupulously adhere to the terms and conditions of their visa. This includes fulfilling their specific duties and responsibilities in supporting the P-1A visa holder. Any deviation from these terms could imperil their legal status and their capacity to continue working in the United States.

Extensions and Change of Employers:

P-1S visa holders possess the flexibility to pursue extensions of their stay should their support remain indispensable for the ongoing athletic or entertainment performance of the P-1A visa holder. Moreover, if they contemplate changing employers or contributing to a different project, it is imperative to file a fresh Form I-129 petition for USCIS approval.

Family Members:

P-1S visa holders have the option to bring their immediate family members, typically including spouses and unmarried children under the age of 21, to the United States under the P-4 dependent visa category. It is essential to note that P-4 visa holders are not authorized to engage in employment within the U.S.

Navigating the P-1S Visa application process entails meticulous coordination between the P-1A visa holder’s employer or agent, the P-1S support personnel, and the comprehensive compilation of documentation to substantiate the indispensable nature of the support role. Staying well-informed about any updates or changes in U.S. immigration regulations and procedures is also imperative for a productive stay in the United States as a P-1S visa holder.

The EB-1 green card

The EB-1 green card, also known as the Employment-Based First Preference Visa, is a category of immigrant visas for individuals with extraordinary abilities, outstanding professors or researchers, and multinational managers or executives. It allows highly skilled and accomplished individuals to obtain lawful permanent residence (a green card) in the United States. Here’s an overview of the EB-1 green card application process:

1. Eligibility Requirements for the EB-1 Green Card (EB-1A, EB-1B, and EB-1C)

The Employment-Based First Preference (EB-1) Green Card, often referred to as the « priority workers » category, is designed for individuals with exceptional abilities, outstanding university professors or researchers, and transferring executives or managers of multinational companies. Each subcategory has its own unique eligibility criteria:

a. EB-1A: Workers of Extraordinary Ability

To qualify for an EB-1A Green Card, individuals must meet the following requirements:

– Extraordinary Ability: Applicants must possess extraordinary ability in the fields of sciences, arts, education, business, or athletics. Extraordinary ability is defined as a level of expertise significantly above that ordinarily encountered in the respective field.

– Public Recognition: Applicants must provide evidence of their achievements and sustained national or international acclaim. This recognition can be demonstrated through awards, recognitions, publications, or other forms of public recognition.

– Sustained Acclaim: The applicant should have a sustained record of accomplishments and achievements that showcase their ongoing contributions to their field.

One notable aspect of the EB-1A Green Card is that it can be obtained without a job offer. However, having an employer-sponsor can streamline the application process.

b. EB-1B: Outstanding University Professors or Researchers

For individuals seeking the EB-1B Green Card as outstanding university professors or researchers, the following criteria apply:

– International Reputation: Applicants must have an international reputation for being outstanding in a particular academic field.

– Teaching or Research Experience: A minimum of three years of either teaching or research experience in the specified academic field is required.

– Specific Employment: Individuals must enter the U.S. to accept a specific teaching or research position at a university or institution of higher learning.

– Employer Qualifications: The U.S. sponsoring employer (university or research institution) must have a history of significant achievements in research and must employ at least three other full-time researchers.

– Permanent Position: The job offered must not be temporary; it should be for an unlimited or indefinite duration.

c. EB-1C: Transferring Executives or Managers of Multinational Companies

To qualify for the EB-1C Green Card as a transferring executive or manager of a multinational company, applicants must meet these requirements:

– Employment History: The applicant must have been employed as an executive or manager by a company outside the U.S. for at least one year out of the past three years. If already in the U.S. under a temporary visa, the same one-year requirement applies for the year before arriving in the U.S.

– U.S. Job Offer: The applicant must receive an offer for a managerial or executive position with a U.S. branch, affiliate, or subsidiary of the same multinational company.

– Business Duration: The U.S. office or entity must have been in business for at least one year.

– Control and Veto Power: The U.S. office must meet specific criteria related to its relationship with the non-U.S. company. This includes control, veto power, or majority ownership by one of the entities.

– Managerial or Executive Role: The applicant must meet the definitions of either a manager or an executive:

   – Managers should oversee an organization, department, subdivision, component of an organization, supervise other managers, and have the authority to make significant personnel and operational decisions.

   – Executives should direct the management of an organization or a major part, set goals and policies, possess extensive decision-making authority, and receive only general supervision from higher-level executives.

Meeting these eligibility criteria is essential to qualify for the EB-1 Green Card. While each subcategory has specific requirements, all applicants must demonstrate their qualifications and meet the relevant standards.

2. Validity Period of the EB-1 Green Card and Visa Number Availability

The EB-1 Green Card offers recipients permanent residency status in the United States. However, the process leading to the issuance of the green card involves several steps and considerations regarding visa number availability. Here’s what you need to know about the validity of the EB-1 Green Card:

Validity Period: The EB-1 Green Card provides permanent residency, which means it has no set expiration date. Once you obtain the green card, you can reside and work in the United States indefinitely. However, the physical green card issued initially has a validity period of ten years. Before it expires, you will need to apply for a renewal to receive a new card. This renewal process helps ensure that your biographical information and photograph remain up to date.

Visa Number Availability: One of the significant factors affecting the EB-1 Green Card process is visa number availability. There are annual limits on the number of employment-based green cards issued each fiscal year. The demand for certain green card categories, including EB-1, often exceeds the available visa numbers. Therefore, you might have to wait for your priority date to become current before proceeding with the final stages of the green card application process.

Priority Date: The priority date is established when the initial step of your green card process is filed and approved. For the EB-1 category, this is usually the date when the Form I-140, Immigrant Petition for Alien Workers, is received and accepted by USCIS. Your priority date determines your place in the queue for visa number allocation.

Visa Bulletin: The U.S. Department of State releases a monthly Visa Bulletin that outlines visa number availability for different green card categories. The bulletin includes two charts: the Filing Date Chart and the Final Action Chart. The Filing Date Chart indicates when you can submit certain application forms, such as Form I-485, Application to Register Permanent Residence, or Adjust Status. The Final Action Chart indicates when visa numbers are effectively available for green card issuance.

Waiting for Visa Number Availability: If your priority date is not yet current, you may need to wait until it becomes current according to the Visa Bulletin. Once your priority date is listed as current on the Final Action Chart, you can proceed with the final stages of your EB-1 Green Card application.

It’s important to monitor the Visa Bulletin regularly to stay informed about visa number availability. Depending on your country of chargeability and the demand in your specific green card category, the waiting time can vary significantly. While waiting, you can maintain your nonimmigrant status or employment authorization, if applicable, to remain in the United States legally.

3. The EB-1 Green Card Application Process

The application process for obtaining an EB-1 Green Card is complex and requires careful navigation of various steps. Below is a step-by-step guide to help you understand the process:

Step 1. Secure Eligibility: Before starting the application process, ensure that you meet the eligibility criteria for one of the three EB-1 categories: EB-1A (Extraordinary Ability), EB-1B (Outstanding University Professors or Researchers), or EB-1C (Transferring Executives or Managers of Multinational Companies).

Step 2. Employer Sponsorship: In most cases, you’ll need an employer to sponsor your EB-1 Green Card application. Your sponsoring employer will file the necessary forms and support your application.

Step 3. Labor Certification (EB-1B Only): If you are applying under the EB-1B category, your sponsoring employer must complete the labor certification process. This involves proving that no qualified U.S. workers are available to fill the job position. The labor certification process aims to protect the interests of U.S. workers.

Step 4. File Form I-140: The next step is to file Form I-140, Immigrant Petition for Alien Workers, with U.S. Citizenship and Immigration Services (USCIS). This form serves to establish your eligibility for the EB-1 Green Card. It must include evidence supporting your qualification in the chosen category and your employer’s financial ability to pay your wage.

Step 5. Premium Processing (Optional): For faster processing, you can opt for premium processing by paying an additional fee. USCIS will then process your Form I-140 within 15 calendar days.

Step 6. Multiple Petitions: You have the option to file several petitions under different EB-1 categories to increase your chances of approval. Each petition should meet the specific requirements of the chosen category.

Step 7. Priority Date: USCIS will assign a priority date to your approved Form I-140. This date establishes your place in the queue for visa number allocation.

Step 8. Visa Number Availability: Monitor the Visa Bulletin to check when your priority date becomes current and visa numbers are available for your category.

Step 9. File Adjustment of Status (AOS) or Consular Processing: Once your priority date is current, you can proceed with either Adjustment of Status (Form I-485) if you are in the U.S. or Consular Processing (DS-260) if you are outside the U.S. Both processes lead to the final issuance of your green card.

• • Adjustment of Status (AOS): If you are already in the United States, you can apply for Adjustment of Status by filing Form I-485 with USCIS. This form seeks to adjust your nonimmigrant status to permanent residency. You may need to attend an in-person interview at a USCIS office.

• • Consular Processing: If you are outside the United States, you will need to complete the consular processing at the U.S. Consulate or Embassy in your home country. This involves submitting the DS-260 application online, attending an interview, and providing the necessary documentation.

Step 10. Receive Your Green Card: Upon successful completion of either the AOS or Consular Processing, you will receive your EB-1 Green Card, granting you permanent residency in the United States.

EB-2 green card

The EB-2 green card, or Employment-Based Second Preference Visa, is a category of immigrant visas for individuals with advanced degrees or exceptional abilities in their field. It allows highly skilled professionals and individuals with outstanding abilities to obtain lawful permanent residence (a green card) in the United States. Here’s an overview of the EB-2 green card application process:

1. The Eligibility Criteria:

There are three primary subcategories within the EB-2 preference category:

     – EB-2A: Individuals with Exceptional Ability

     – EB-2B: Professionals Holding Advanced Degrees

     – EB-2C: National Interest Waiver (NIW) for Individuals with Exceptional Ability or Advanced Degrees

In most cases, EB-2 applicants (except those seeking a National Interest Waiver) must obtain a labor certification from the U.S. Department of Labor. This process involves demonstrating that there are no qualified U.S. workers available for the position and that hiring the foreign worker will not negatively impact U.S. workers.

2. The Application Process

Step 1. Gather Evidence:

   – Applicants must gather substantial documentation and evidence to demonstrate their eligibility under the chosen EB-2 subcategory. This may include educational degrees, work experience, letters of recommendation, publications, and other evidence of exceptional abilities or achievements.

Step 2. Job Offer (In Most Cases):

Most EB-2 applicants require a job offer from a U.S. employer. The employer typically initiates the labor certification process (if applicable) and sponsors the applicant for the green card.

Step 3. File Form I-140:

The next step is to file Form I-140, Immigrant Petition for Alien Workers, with USCIS. The employer (or the applicant, in the case of a National Interest Waiver) files this petition.

The petition should include all required supporting documentation and evidence of eligibility.

Step 4. Premium Processing (Optional):

Applicants can request premium processing for an additional fee, which expedites the processing time for the I-140 petition.

Step 5. USCIS Review:

USCIS reviews the EB-2 petition to determine if the applicant meets the eligibility criteria for their chosen subcategory.

Step 6. Priority Date and Visa Bulletin:

The applicant’s priority date, established when the I-140 petition is filed, is crucial. It determines their place in the visa queue, as immigrant visas are subject to annual numerical limits. Applicants must monitor the Visa Bulletin to check when visa numbers become available.

Step 7. Adjustment of Status or Consular Processing:

• If the applicant is already in the United States, they can file Form I-485, Application to Register Permanent Residence or Adjust Status, to adjust their status to that of a lawful permanent resident (green card holder).

• If the applicant is outside the United States, they must go through consular processing at a U.S. embassy or consulate to obtain an immigrant visa.

Step 8. Green Card Interview (If Applicable):

Applicants adjusting status in the U.S. may be required to attend an interview at a USCIS office.

3. The Validity

Once USCIS approves the I-485 application or if the applicant initially received an immigrant visa through consular processing, they will receive their permanent (10-year) green card.

The EB-2 green card is a popular category for highly skilled professionals and individuals with exceptional abilities. Additionally, processing times, visa availability, and requirements may change, so it’s advisable to refer to the USCIS website or seek legal guidance for the most up-to-date information.