Frequently asked questions when applying for the EB2 visa

One of the main requirements to migrate to the United States is to have a legal permit such as a visa, however, there are several options, such as the EB2 visa, which conforms to a series of specific qualities that the applicant must have.

In general, the eb2 visa for Colombians is a document that many highly qualified professionals seek to obtain, through it, it is possible to obtain the long-awaited Green Card.

But in order to do so, it is necessary to fulfill some criteria, which allow proving your eligibility.

For that reason, we have prepared this article with frequently asked questions about obtaining this visa, the differences that exist with others, as well as its requirements and benefits.
Stay until the end and do not miss the details!

What is the difference between EB2 and EB2 – NIW?

It is likely that because they have similar names there is some confusion, since they are usually recognized for being work visas; however, between both types of visas there are notable differences, which may involve from the type of documentation they require, to the benefits they can grant.

Starting from there, we can begin by indicating that the eb2 visa is designed for candidates who must prove an advanced academic degree, that is to say, that they have at least a bachelor’s or master’s degree, plus about five years of experience in that area of training.

While the EB2-NIW visa or EB2 National Interest Visa is granted to foreigners who are classified as professionals with exceptional abilities, so it is necessary to prove to be highly qualified and/or above average in their area of specialization. Therefore, you will be considered a professional who will add value to the national economy.

Likewise, in terms of approval time, the eb2 visa process may take a little longer (7 to 9 months). Additionally, in terms of eligibility, the eb2 visa, as compared to the eb2-niw visa, requires that the applicant must have a formal job offer or what is known as a sponsoring employer and that the employer must be a U.S. citizen.

On the other hand, the documentation required for both visas is totally different; for example, the eb2 requires a labor certification (PERM), issued through the Department of Labor, while the eb2-NIW can be requested directly by the interested party and does not require a labor offer.

Expand this information in: Know the differences between

EB2 and EB2-NIW visas.

Can I apply for this visa if I do not have a master’s degree or any postgraduate degree?

Under USCIS regulations it is absolutely necessary to have a master’s degree or other advanced degree. But if the applicant has only a U.S. bachelor’s degree or its foreign equivalent, he/she must also demonstrate that he/she has 5 years of work experience after obtaining his/her bachelor’s degree within his/her specialty.

Along the same lines, if the foreign national applicant also lacks the required work experience, he or she will be required to demonstrate exceptional skills, within his or her field, in order for his or her application to be successful.

Do I have to live in the United States to apply for this visa?

To request approval of the EB-2 visa by USCIS the foreign applicant can live in U.S. territory, because, within the requirements, the employer must demonstrate that he/she is paying a salary for his/her services.

He/she will eventually have the opportunity to apply to adjust status in the U.S. by filing Form I-485, which will allow him/her to become a lawful permanent resident.

Likewise, if the foreign applicant is outside the United States, he/she must initiate consular processing at the U.S. consulate or embassy based in his/her home country.

Can artists and musicians apply for this visa?

Those who have a work focused on the arts, music, acting, music, as well as sports, have a greater opportunity to apply and obtain an EB-1 visa, since these types of talents are better argued in this modality.

However, you could be a successful case if you apply for an eb2 niw visa, demonstrating that your talents are highly valuable and therefore represent a strong national interest.

What are the requirements for application?

The EB-2 visa for professionals in the USA is broken down into two categories of applicants:

  1. Those professionals with an advanced degree or its equivalent.
  2. Those who can prove exceptional ability in their particular field and that these skills can substantially
  3. benefit national cultural, economic or educational interests and welfare.

However, in most cases it is important to have in your hands a job offer indicating the specific position the U.S. employer is awarding you and also to possess the PERM labor certificate.

Bachelor’s, postgraduate or master’s degree

  • The applicant must hold a graduate degree or its foreign equivalent; and in case of a bachelor’s degree, prove that he/she has more than 5 years of progressive work experience in his/her field. In addition, the applicant must comply with any other requirements detailed at the time of submitting the labor certification.

    Likewise, you must show the following documentation:

  • The official academic record, to evidence that you hold a U.S. graduate degree, or its foreign equivalent.
  • If you do not have such documentation, you may include an official academic record of a U.S. bachelor’s degree or its foreign equivalent.
  • You must also submit letters from your former employers showing that you have had at least 5 years of progressive work experience in that field after your baccalaureate degree.
  • If you hold a doctoral degree, you must have an accredited U.S. doctorate or its foreign equivalent.

By possessing exceptional skills

You must have the ability to demonstrate that you have an exceptional aptitude in areas such as science, business, sports or the arts.

This may include accreditations such as degrees, certificates and/or awards, awarded by universities or related institutions, membership in a professional association and certification of 10 years of full-time experience in your field.

Complement this point in: Tips for applying for a visa to the United States through EB2 USA.

If you wish to obtain more information or professional advice, contact us and we will answer all your questions.

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