Posts Tagged ‘EB-2’
EB-2 CATEGORY WILL ADVANCE 1 YEAR ON FEBRUARY 1, 2012!
The EB-2 (employment-based second preference) green card category for advanced degreed professionals will advance 1 year on the February 2012 Department of State Visa Bulletin for individuals from mainland China and India.
Congress allots a certain number of immigrant visas each year for various categories and countries. Foreign nationals in the EB-2 category from India and China typically wait several years for a green card “number” to become available to them as there is a backlog with these applications. The wait is based on an applicant’s “priority date” which he/she obtains when the first step of the green card process is filed. Until that date is current on the Visa Bulletin (published monthly), the individual cannot submit (and the officers cannot adjudicate) the final paperwork for a green card.
In the January 2012 Visa Bulletin, the applications being reviewed for Chinese and Indian nationals in the EB-2 category have priority dates of January 1, 2009 and earlier. In the February 2012 Visa Bulletin, the priority date will jump to January 1, 2010 and earlier, cutting off a full year of waiting. This is great news for individuals with priority dates between January 1, 2009 and January 1, 2010 as they can now submit their final paperwork for a green card.
Please don’t hesitate to contact our San Francisco Immigration Law Office if you need assistance with a green card application or have any questions about the above.
Tags: advanced degree professional, EB-2, green card, I-485, lawful permanent resident, priority date, visa bulletin
Posted in Alerts, Immigrant Visas, USCIS | Read More »
Priority Dates Advance for EB-2 Applicants
Due to a decline in green card filings in the employment-based first preference category (EB-1), 12,000 unused visa numbers will be reallocated to the employment-based second preference category (EB-2).
Each year, the Department of State (DOS) allocates a certain number of immigrant visa (green card) slots for the various employment-based categories. This allocation is based on the type of case and country of nationality of the applicant. Each month, the DOS publishes a visa bulletin showing which type of green card case and country is currently being reviewed by the USCIS. This review is based on the date of the applicant’s green card application filing (known as the “priority date”). If the priority date is current on the bulletin for the category and country, the USCIS may render a decision about the pending green card application.
The EB-2 category will see advancement of priority dates on the visa bulletin in the coming months. India is the country most affected by this news due to the fact that the EB-2 category for India is extremely backlogged. With an additional 12,000 slots available, Indian applicants who are currently waiting to hear about their green card applications may finally receive a decision.
Tags: backlog, Department of State, EB-1, EB-2, priority date, quota, visa bulletin
Posted in Alerts, Immigrant Visas, USCIS | Read More »
I’ve heard a lot about employment-based green card categories. What is the difference between EB-2 and EB-3?
The EB-2 category is for professionals holding a Master’s or higher degree or the equivalent. The equivalent means a Bachelor’s degree + 5 years of progressive experience following that degree in the person’s field. Experience is progressive if the job duties and responsibilities increase over time.
To qualify for EB-2, the position for which the person is being sponsored must require an advanced degree or the equivalent and the person must have earned that degree (or the comparable education and experience stated above).
Included in the EB-2 category are Schedule A occupations and National Interest Waiver (NIW) petitions. Schedule A occupations are jobs determined by the Department of Labor (DOL) to be in short supply. These include physical therapists, nurses, persons of exceptional ability in the sciences or arts and university teachers.
NIW’s are for individuals who can demonstrate that their proposed position is in a field of national interest and their unique skills are of intrinsic benefit to the U.S. Generally, the EB-2 category requires the employer to test the labor market for qualified U.S. workers before filing a green card petition. This is not required for Schedule A and National Interest Waiver petitions.
The EB-3 category covers three types of individuals: (1) professionals with a Bachelor’s degree and fewer than 5 years of post-Bachelor’s experience; (2) skilled workers with at least 2 years of training or experience (includes Associate degrees and other post-high school education); and (3) other workers with less than 2 years of training and experience. Testing the labor market is required for all of these categories.
The EB-2 category has a much shorter wait for getting an actual green card than the EB-3 category, so it’s the preferred option, if available. Please contact our immigration law firm if you have any questions about the employment-based green card categories.
Tags: advanced degree, EB-2, EB-3, employment-based green card
Posted in FAQ Employment-Based Green Card | Read More »
When is it okay to change to a new employer during my employment-based green card process?
A person with a pending employment-based green card petition may change to a new employer once his/her I-140 immigrant petition is approved and the I-485 green card application has been pending 180 days or more. The individual must take a position with the new employer that is the same or similar to the position for which the green card petition was filed. If these elements are met, the green card petition can remain active and pending through the new employer.
The new employer and employee may choose to notify the immigration service of this change. Please note that if the I-140 immigrant petition is withdrawn before 180 days or the immigration service denies or revokes the I-140 approval at any time, the employment-based green card process will most likely result in a denial. Please contact our immigration law office if you have questions about your employment options during the green card process.
Tags: change employer, EB-2, EB-3, employment-based, green card, immigrant petition, permanent resident petition
Posted in FAQ Employment-Based Green Card, Immigrant Visas | Read More »
