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How Long Does It Take to Get a Green Card Through EB-2?

— December 12, 2022

To be eligible for an EB-2B Visa, you must prove exceptional ability in arts, science, or business.

Moving to the U.S. as a foreigner is a bold move, but not everybody can comply with the specific standards implemented by the U.S. government. In such cases, you might need guidance from an attorney to ensure that your efforts will be rewarded. 

If you are planning to apply for an  EB2 Visa, you should prepare for lengthy evaluations and endless paperwork. Being patient will help you go through this process, as it might take time in the case of an audited application. 

Going through a visa application requires dedication, patience, clean records, and some legal knowledge. If you want to move to the United States, but your Visa application is pending, the following information might help you better understand the process. 

EB-2 Types of Visa

EB-2 Visa has three categories that contain different criteria for immigration purposes: EB-2A, EB-2B, and EB-2C. To qualify for the EB-2A Visa, you must have an advanced degree in your field. Additionally, you must receive a job offer from a company based in the U.S. that clearly states that an advanced degree is required for your job title.

To be eligible for an EB-2B Visa, you must prove exceptional ability in arts, science, or business. You can apply for this visa only if you have a business or official academic record as proof of your exceptional ability. The National Interest Waiver is included in the EB-2C category. In this case, you must prove that your work benefits the American health or educational system. Immigrating through this visa has many benefits as the U.S. needs qualified and innovative academics in their universities.

Application Process and Requirements

If you need help starting your EB-2 Visa application, you can always follow the Visa Bulletin. This monthly publication gives information about the proceedings regarding the EB-2 Visa application. It estimates how long it will take to have it approved. In regards to the paperwork you need to fill out to apply for the EB-2 Visas, there are three categories of forms. The first is the PERM labor certification which the Department of Labor issues.

Man in blue suit signing papers; image by Leon Seibert, via
Man in blue suit signing papers; image by Leon Seibert, via

Your potential employer must fill out this form stating that they did not find a qualified American citizen for the job. The PERM application can take two to four months to go through the approval system. You must undergo a background check before your immigration application can be approved. Additionally, you must schedule a Biometric appointment and complete your application within 15 months. To receive your green card, you must complete a medical exam that includes a full review of your medical records, a drug test, and a physical and mental evaluation.

Seek Legal Advice from a Qualified Attorney

Although the typical PERM application takes only a few months to go through the approval system, some instances might extend its timeline. Audited PERM applications are usually made randomly but sometimes target particular individuals. If your application is audited, the application process might suffer a significant delay, and the risk of being denied is high. 

In such cases, hiring a qualified immigration lawyer to help you provide all the necessary documents and prove your eligibility can change your luck. Additionally, your attorney will negotiate with the UCSIC on your behalf, ensuring the process goes smoothly. 

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