1. What are the requirements for obtaining an EB-2 or EB-3 work visa?

The requirements for obtaining an EB-2 or EB-3 work visa will vary based on the individual’s specific situation. Generally, applicants must prove that they have a job offer from an employer in the United States and demonstrate their qualifications for the position, including any educational and/or professional qualifications. Additionally, applicants must fulfill certain eligibility criteria based on their current immigration status, such as showing proof of legal residence in their home country and submitting any necessary documentation.

2. How long does it typically take to obtain an EB-2 or EB-3 work visa?

The timeline for obtaining an EB-2 or EB-3 work visa can vary significantly depending on the individual’s circumstances. Generally, the process can take anywhere from several months to a year or longer. Additionally, wait times can be extended due to backlogs or other issues.

3. What is the USCIS Premium Processing service, and how does it affect the processing time for an EB-2 or EB-3 work visa application?

USCIS Premium Processing is an expedited service provided by the United States Citizenship and Immigration Services (USCIS) for certain types of nonimmigrant and immigrant visa applications. It allows applicants to pay an additional fee to have their petition processed within 15 calendar days. This expedited processing time applies to the EB-2 and EB-3 work visa applications, which normally take much longer to process, thus allowing employers and foreign workers to obtain their visas more quickly.

4. Are there any restrictions on the number of times a foreign national can apply for an EB-2 or EB-3 work visa?

Yes, there are certain restrictions on the number of times a foreign national can apply for an EB-2 or EB-3 work visa. Each foreign national is limited to three applications per year for each category, and a maximum of six applications in total within a five-year period. The USCIS also limits the total number of visas that can be issued each year.

5. What supporting documents are required when applying for an EB-2 or EB-3 work visa?

When applying for an EB-2 or EB-3 work visa, applicants must provide the following supporting documents:

1. A valid passport

2. An application for Permanent Residence (Form I-140) that has been approved by the U.S. Citizenship and Immigration Services (USCIS).

3. A Labor Certification from the U.S. Department of Labor.

4. Evidence of exceptional ability in the sciences, arts, or business (for an EB-2 visa).

5. Evidence of two years of experience in a job related to their visa category (for an EB-3 visa).

6. A valid job offer from a U.S. employer.

7. Proof of financial resources to support themselves and their family during their stay in the U.S.

8. Medical examination results showing they are free from any communicable diseases.

9. Police record and background check from their home country and any other countries they have lived in for at least six months since turning 16 years old.

6. How much does it cost to apply for an EB-2 or EB-3 work visa?

The cost of applying for an EB-2 or EB-3 work visa is $345, which includes the filing fee, biometric services fee, and fraud prevention and detection fee.

7. Can dependents of a foreign national applying for an EB-2 or EB-3 work visa also apply?

Yes, dependents of a foreign national applying for an EB-2 or EB-3 work visa can also apply. Dependents can include a spouse and/or unmarried children under the age of 21. Dependents are eligible to apply for a dependent visa, such as an H-4 or L-2 visa, and accompanying the primary applicant in their legal status.

8. Is a labor certification required for an EB-2 or EB-3 work visa application?

Yes, a labor certification is required for both the EB-2 and EB-3 work visa applications. The labor certification is used to ensure that there are no qualified US workers available for the position and that the foreign worker does not displace any US workers.

9. Are there any special requirements for foreign nationals who have previously held H1B visas when applying for an EB-2 or EB-3 work visa?

Yes. Foreign nationals who have previously held H1B visas must demonstrate that their training, experience, and education are equivalent to the requirements for the EB-2 or EB-3 visa. They must also show that the job they are applying for is in line with their previous work experience and training. Additionally, foreign nationals must go through the normal application process for the visa and obtain an approved Labor Certification from the Department of Labor.

10. What is the application process for the USCIS Premium Processing service for an EB-2 or EB-3 work visa application?

The application process for the USCIS Premium Processing service for an EB-2 or EB-3 work visa application is as follows:

1. File Form I-907, Request for Premium Processing Service, with the applicable filing fee.

2. Include the USCIS Premium Processing Service fee payment receipt.

3. Include a copy of the Form I-140, Immigrant Petition for Alien Worker.

4. Submit evidence of an approved labor certification, if necessary.

5. Submit evidence of any additional qualifications for the position, such as experience or educational requirements.

6. Submit a completed Form I-485, Application to Register Permanent Residence or Adjust Status, if applicable.

7. Submit any additional supporting documentation as required by the USCIS.

8. Once the application is received and accepted by USCIS, applicants will receive a confirmation notice with a receipt number and premium processing service start date.

9. USCIS will then review the application and provide a final adjudication within 15 days of the start date.

11. What is the difference between the regular processing and premium processing services with respect toEB-2 or EB-3 work visas?

Regular processing for an EB-2 or EB-3 requires the filing of a labor certification with the U.S. Department of Labor, which can take several months to process. Once approved, the labor certification and the I-140 petition must be submitted to U.S. Citizenship and Immigration Services (USCIS) for further review. Regular processing can take up to several months for USCIS to process.

Premium processing for an EB-2 or EB-3 allows the I-140 petition to be filed with USCIS with an additional fee. This service guarantees that USCIS will review and take action on the petition within 15 days of receipt. This expedited service allows employers to more quickly hire foreign workers and accelerates the overall approval process for the foreign worker.

12. Are there any age restrictions when applying for an EB-2 or EB-3 work visa?

Yes, there are age restrictions for both EB-2 and EB-3 work visas. The applicant must be 31 years of age or older for an EB-2 visa, and 21 years of age or older for an EB-3 visa.

13. What types of jobs qualify for anEB-2 or EB-3 work visa?

An EB-2 visa is for workers with advanced degrees or exceptional ability in the arts, sciences, or business. This includes professionals with a master’s degree or higher and individuals with exceptional ability in the sciences, arts, or business.

An EB-3 visa is available to professionals, skilled workers and other unskilled workers. Professionals must have a bachelor’s degree or higher in a specific field and skilled workers must have two years of experience in the job they are seeking to fill. Unskilled workers, which include those who do not require a degree or any special qualifications, may also qualify for an EB-3 visa.

14. Are there any restrictions on the length of stay when applying for anEB-2 orEB-3work visa?

Yes, there are restrictions on the length of stay when applying for an EB-2 or EB-3 work visa. The maximum amount of time that may be requested for the visa is three years initially, and then may be extended in two-year increments. The total amount of time permitted under these visas is generally five years.

15. Are interviews required when applying for anEB-2 orEB-3work visa?

Yes. Interviews are required when applying for an EB-2 or EB-3 work visa. The interview is typically conducted by a U.S. consular officer who will review the applicant’s eligibility and qualifications. The interview may also include other steps such as a medical examination, document review, and verification of background and employment history.

16. Can a foreign national change employers if they already have anEB-2 orEB-3work visa?

Yes, foreign nationals with an EB-2 or EB-3 work visa can change employers. However, they must go through the labor certification process for their new employer and obtain a new approval from the U.S. Citizenship and Immigration Services (USCIS).

17. Is it possible to expedite the processing time for anEB-2 orEB-3work visa application with premium processing services?

Yes, it is possible to expedite the processing time for an EB-2 or EB-3 work visa application with premium processing services. Premium processing can significantly reduce the processing time for an EB-2 or EB-3 work visa application from several months to just 15 calendar days.

18. Are there any restrictions on the type of employer when applying for anEB-2 orEB-3work visa?

Yes, there are restrictions on the type of employer when applying for an EB-2 or EB-3 work visa. Generally, for the EB-2 visa, the employer must have a labor certification and be able to demonstrate that they are offering a job that requires advanced degrees or possess exceptional ability. For the EB-3 visa, the employer must also have a labor certification and have a job offer for a qualified professional, skilled worker, or other worker.

19. Does a foreign national need to be in theU.S. to apply for anEB-2 or EB-3work visa?

No, a foreign national does not need to be in the U.S. to apply for an EB-2 or EB-3 work visa. The application process for these visas can be completed from outside the U.S., and once the visa has been approved, the applicant will be able to enter the country and begin working.

20. Does a foreign national need to be in their home country to apply for anEB-2 orEB-3work visa?

No, a foreign national does not need to be in their home country to apply for an EB-2 or EB-3 work visa. The foreign national can apply for the visa while in the United States or abroad.