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By Ergul Celiksoy, Immigration Attorney at CK Law Firm
The EB3 visa is an immigrant visa for qualified foreign workers who wish to work in the United States. This visa opens the path to obtaining a Green Card, allowing individuals to live and work permanently in the U.S. In this article, you will find answers to the most frequently asked questions about the EB3 visa, including:
- What is the EB3 Visa?
- What are the Advantages of the EB3 Visa?
- Who Can Apply for the EB3 Visa?
- How to Obtain the EB3 Visa?
If you have any other questions regarding the EB3 visa, please do not hesitate to contact me through the comment section below this article, by sending me a message directly on LinkedIn, or through the CK Law Firm Immigration Attorney Firm’s website, where I am a co-founder.
What is the EB3 Visa?
The EB3 visa is an immigrant visa offered to foreign nationals who wish to live and work permanently in the United States. The EB3 visa is obtained through employer sponsorship and is a process that results in a Green Card. The EB3 visa is known as the third preference category of Employment-Based Immigration. This category aims to employ foreign workers for positions in the U.S. labor market that are in demand but cannot be filled by U.S. citizens. The EB3 visa is divided into three main subcategories:
- Skilled Workers: This category includes individuals who can work in occupations requiring at least two years of education or work experience. Examples include engineers, technicians, or those specialized in a particular trade.
- Professionals: This category includes individuals who have at least a bachelor’s degree (or equivalent) and a valid job offer in the U.S. Examples include doctors, lawyers, teachers, and engineers.
- Unskilled Workers: This category includes individuals who will work in jobs that are in demand in the U.S. labor market but do not require specific skills. These jobs typically include sectors like agriculture, maintenance, cleaning, manufacturing, or other low-skill sectors.
What are the Advantages of the EB3 Visa?
- Permanent Residence and Work Permit: EB3 visa holders have the right to live and work permanently in the U.S., allowing them to work in any job.
- Visa for Family Members: The spouse and unmarried children under 21 of EB3 visa holders can also come to the U.S. and obtain legal residence and work rights.
- Path to U.S. Citizenship: EB3 visa holders have the right to apply for U.S. citizenship after residing legally in the U.S. for a certain period.
Who Can Apply for the EB3 Visa?
Skilled Workers
Skilled workers are individuals who have at least two years of education, experience, or equivalent work experience in a specific professional field. To apply under this category, the following conditions must be met:
- Vocational Training or Experience: The applicant must have at least two years of work experience in a specific occupation. This experience may be supported by education or be direct work experience.
- Qualified Job Offer: The applicant must have a valid job offer from an employer in the U.S. The job offer must be for a position in which the applicant is qualified as a skilled worker.
- U.S. Department of Labor Approval: The employer must obtain approval from the U.S. Department of Labor to hire the applicant. This approval is obtained through the PERM (Program Electronic Review Management) process.
Professionals
The Professionals category includes individuals who have at least a bachelor’s degree (or foreign equivalent) and a valid job offer in the U.S. To apply under this category, the following conditions must be met:
- Education Requirement: The applicant must have at least a bachelor’s degree in the required field for the job position.
- Job Offer: The applicant must have a valid job offer from an employer in the U.S. for a professional position.
- U.S. Department of Labor Approval: Similar to skilled workers, the employer must obtain approval from the U.S. Department of Labor through the PERM process.
Unskilled Workers
The Unskilled Workers category includes individuals who will work in jobs that are in demand in the U.S. labor market but do not require specific skills. To apply under this category, the following conditions must be met:
- No Experience or Education Requirement: There is no specific job experience or education requirement to apply in this category.
- Job Offer: The applicant must have a valid job offer from an employer in the U.S. for an unskilled labor position.
- U.S. Department of Labor Approval: The employer must obtain approval from the U.S. Department of Labor through the PERM process.
How to Obtain the EB3 Visa?
Employer Sponsorship Processa.
Obtaining a Job Offer: The first and most important step for the EB3 visa is obtaining a valid job offer from an employer in the U.S. The employer must provide the applicant with an official job offer to work in the U.S.b.
Labor Certification Application (PERM): The employer must apply for a labor certification from the U.S. Department of Labor. This process is known as PERM. The PERM process is necessary to prove that the employer could not find a suitable U.S. citizen or permanent resident for the job position.
Filing Form I-140a
I-140 Immigration Petition: After successfully completing the PERM process, the employer submits Form I-140 to USCIS (United States Citizenship and Immigration Services). This form declares that the employer intends to hire the applicant and that the applicant meets the job requirements.b.
Approval of the Application: If the I-140 application is approved by USCIS, the applicant receives an approval number. However, due to a quota for EB3 visas, there is a limited number of visas issued each year.
Visa Application and Green Card Processa.
Visa Application (DS-260): If the applicant is outside the U.S., they apply for a visa using Form DS-260 through a U.S. consulate.b.
Application for Adjustment of Status (Form I-485): If the applicant is already in the U.S., they can apply for a status adjustment using Form I-485.c.
Obtaining the Immigrant Visa: After the application is approved, the applicant can enter the U.S. as an immigrant.
Obtaining the Green Card
After entering the U.S., the applicant and eligible family members receive a permanent resident card (Green Card).
Conclusion
The EB3 visa offers a significant opportunity for individuals who wish to live and work permanently in the United States. However, the process can be complex and lengthy. Therefore, it may be beneficial to seek assistance from an immigration attorney to ensure that each step is completed accurately and successfully.
You can contact me directly via LinkedIn or through the CK Law Firm Immigration Attorney Firm’s website.
Who is Attorney Ergül Çeliksoy?
Attorney Dr. Ergül Çeliksoy is the co-founder of CK Law Firm and also serves as an Assistant Professor of Law at the University of Nottingham. With extensive experience in U.S. immigration law, Dr. Çeliksoy completed his master’s degree in international law and human rights at the University of Nottingham in 2017 before beginning his Ph.D. studies at the same university. Dr. Çeliksoy earned his Ph.D. in law at the University of Nottingham School of Law in 2022, marking a significant milestone in his academic career. He is a recognized academician with expertise in modern slavery, criminal justice, and criminal law, with publications in leading academic journals.
As a member of the California Bar, Dr. Çeliksoy provides outstanding service to his clients, particularly in U.S. immigration law cases. His knowledge and experience in immigration law are valuable assets to CK Law Firm’s practice in this field. Dr. Çeliksoy offers comprehensive and strategic solutions to his clients in immigration law cases, helping them secure their legal status in the U.S. His deep understanding of human rights and immigration processes, along with his expertise in modern slavery and criminal law, enables him to effectively address the complex legal issues faced by immigrants. By offering reliable and effective legal counseling services, Dr. Çeliksoy helps his clients build new lives in the U.S.
By Asim Kilinc, Immigration Attorney at CK Law Firm
The B1/B2 visa is a combined visitor visa granted for short-term visits to the United States. The B1 visa is issued for business purposes, while the B2 visa is for personal reasons such as tourism, medical treatment, social events, and visiting relatives. The B1/B2 visa, one of the most commonly used visa types for short-term travel to the U.S., has specific rules regarding its validity and duration of stay. By reading this article, you will find answers to the following questions:
- What is a B1/B2 Visa?
- B1/B2 Visa Validity Period
- Duration of Stay in the U.S.
- Extending the Duration of Stay
- Consequences of Overstaying
- Tips for Traveling to the U.S. with a B1/B2 Visa
If you have any additional questions about the B1/B2 visa type, please don’t hesitate to contact me through the comments section below this article, via LinkedIn, or through our CK Law Firm Immigration Law Firm’s website, of which I am a founding partner.
What is a B1/B2 Visa?
The B1/B2 visa is a visa granted to individuals who wish to temporarily visit the United States for tourism, business, or medical reasons. This visa type is suitable for individuals who do not intend to immigrate to the U.S. and only wish to stay for a specific period. B1/B2 visa holders typically travel to the U.S. for reasons such as attending conferences, conducting business meetings, taking vacations, or visiting family members.
B1/B2 Visa Validity Period
The validity period of a B1/B2 visa determines how long it will remain valid from the date of issuance. This period represents your right to enter the U.S., but it does not indicate how long you can stay in the country.
How is the Validity Period Determined?
The validity period of the visa is determined based on the applicant’s nationality, international agreements with the U.S., and the assessment of the U.S. Consulate. For example, in applications from Turkey, B1/B2 visas are generally granted with a validity period of up to 10 years. However, this period may be shorter in some countries.
Single Entry and Multiple Entry Visas
The B1/B2 visa is usually issued as a multiple-entry visa, allowing you to enter the U.S. multiple times within the validity period. However, you cannot enter the U.S. after the expiration date indicated on your visa. You will need to apply for a new visa before your current one expires.
Duration of Stay in the U.S.
After entering the U.S. with a B1/B2 visa, a U.S. Customs and Border Protection (CBP) officer will determine how long you can stay in the country. This period is typically up to 6 months and is documented with a form I-94.
I-94 Form and Duration of Stay:
The I-94 form is a document provided to you upon entry into the U.S. that indicates your authorized duration of stay. This document is the most important in determining how long you can legally remain in the U.S. Your duration of stay is independent of your visa’s validity period and is reassessed with each entry.
Short-Term Stays:
Sometimes, CBP officers may assign a shorter duration of stay. For example, if you are visiting the U.S. for just a week for a business meeting, your stay may be limited to 1 month. This decision depends on the officer’s assessment of the purpose and plans for your trip.
Extending the Duration of Stay
If you need to extend your stay in the U.S., you must apply to the U.S. Citizenship and Immigration Services (USCIS). This application must be made before your current stay expires. When applying for an extension, you must have valid reasons to continue staying in the U.S. and provide supporting documentation.
How to Apply for an Extension?
To apply for an extension, you must complete form I-539 and submit it to USCIS. In this form, you must explain why you wish to extend your stay and include the necessary documents. For example, if you are extending your stay for medical treatment, you must submit medical reports and a treatment plan.
If the Extension Request is Denied:
If your extension request is denied, you must leave the U.S. within the specified time frame. Otherwise, you will be staying in the country illegally, which can negatively impact your future visa applications.
Consequences of Overstaying
Overstaying your authorized duration in the U.S. can have serious consequences. These may include the denial of future visa applications, the cancellation of your current visa, and even a ban on entering the U.S.
- Visa Violation:
Overstaying your authorized duration is considered a visa violation under U.S. Immigration and Nationality Law. This may lead to the loss of your right to re-enter the U.S. and the cancellation of your current visa. - 3-Year and 10-Year Bans:
If you remain in the U.S. unlawfully for more than 180 days, you may be banned from entering the U.S. for 3 years after leaving the country. If the overstay exceeds 1 year, the ban increases to 10 years. These bans can make it very difficult to obtain a U.S. visa in the future. - Deportation:
If it is determined that you have overstayed, you may face deportation. Deportation is carried out by U.S. Immigration and Customs Enforcement (ICE) and can be both financially and emotionally challenging.
Tips for Traveling to the U.S. with a B1/B2 Visa
If you plan to travel to the U.S. with a B1/B2 visa, you can ensure a smooth journey by following these tips:
- Prepare Your Documents at the Entry Point:
When entering the U.S., have documents ready that prove the purpose of your trip and the duration of your stay. These documents may include flight tickets, hotel reservations, business invitations, or medical reports. - Pay Attention to the Duration of Stay:
Always check the duration of stay indicated on your I-94 form and make sure not to overstay. If you need to extend your stay, make sure to submit your application to USCIS on time. - Keep Your Record Clean for Future Travel:
Be mindful of not violating your stay duration, as this can cause problems for future trips to the U.S. When you wish to re-enter the U.S., your previous travel records will be taken into consideration.
Conclusion
The B1/B2 visa is a flexible and widely used visa type for those who wish to temporarily visit the United States. However, it is crucial to be careful about how long you can stay in the U.S. with this visa and how that duration can be extended. Given the complexity of the process and the legal requirements, seeking support from an immigration attorney can be beneficial. Don’t forget that you can reach me through the CK Law Firm Immigration Law Firm’s website, via info@cklawfirm.org email address, or directly on LinkedIn!
Who is Attorney Asım Kılınç?
Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.
Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.
Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.
Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.
By Asim Kilinc, Immigration Attorney at CK Law Firm
The L1 visa is a special type of visa that allows international companies operating in the United States to temporarily transfer certain employees to the U.S. This visa is particularly suitable for individuals working in executive, managerial, or specialized knowledge positions. Applying for an L1 visa requires comprehensive document preparation. It is crucial to know what documents are needed to complete the application process smoothly. In this article, we will detail all the documents that must be prepared for the L1 visa application process:
- Passport: Validity and Other Requirements
- DS-160 Form: The Foundation of the Application Process
- Biometric Photograph: Specific Standards and Requirements
- Employer-Provided Documents: Assignment Letter and Company Information
- Work Experience and Educational Documents: Proof of Professional Background
- U.S. Accommodation Details: Lodging Arrangements
- Proof of Payment for the Application Fee: Financial Requirements
- Additional Documents: Other Documents That May Be Requested by the Consulate
If you have any other questions regarding the L1 visa type, please do not hesitate to contact me through the comments section below this article, directly via LinkedIn, or through the CK Law Firm Immigration Law Firm website, where I am a co-founder.
Passport: Validity and Other Requirements
Individuals applying for an L1 visa must have a passport that is valid for at least six more months from the date of entry into the United States. The condition of the passport is also crucial; worn or damaged passports may not be accepted. In addition to the current passport, any old passports should also be submitted if available, as they may be important for documenting the applicant’s travel history and previous visa issuances.
DS-160 Form: The Foundation of the Application Process
The DS-160 form is an online form that must be completed by anyone applying for a U.S. visa. This form includes the applicant’s personal information, purpose of travel, plans in the U.S., and visa history. It is critical that the form is filled out completely and accurately, as it plays a key role in the success of the application process. Once the DS-160 form is completed, the confirmation page should be printed out and presented during the visa interview. The information provided in the form must be consistent with other documents submitted during the application process.
Biometric Photograph: Specific Standards and Requirements
A biometric photo that meets specific standards is required for the L1 visa application. The photo must adhere to the following specifications:
- Size: The photo must be 5×5 cm.
- Background: The background of the photo must be white.
- Recency: The photo must have been taken within the last six months.
- Facial Expression: The photo should feature a neutral facial expression, and the entire face must be visible.
A digital copy of this photo should be uploaded online with the DS-160 form, and a printed copy must be presented during the visa interview.
Employer-Provided Documents: Assignment Letter and Company Information
The individual applying for the L1 visa must obtain certain documents from their employer. These documents are a critical part of the application because they prove to U.S. authorities that the applicant is truly eligible for the L1 visa. The required documents typically include:
Assignment Letter: This document should clearly state that the applicant will be working at a U.S. office and specify the position they will hold. Additionally, it should explain the significance of this position within the company and why the applicant was chosen for this role. The letter is usually signed by a senior executive of the company.
Company Activity Documents: Documents proving that the applicant’s employer is operating both in the U.S. and internationally must be submitted. These documents should demonstrate that the company is legally operational, has a physical office in the U.S., and that this office is active.
Company Tax Documents: Documents showing that the company operating in the U.S. has regularly paid its taxes should also be included in the application file. These documents prove that the company is financially sound and legally established.
Work Experience and Educational Documents: Proof of Professional Background
The individual applying for the L1 visa must submit documents proving that they have worked for at least one year within the last three years before the application date. These documents should demonstrate that the applicant has the necessary qualifications for the position:
Work Certificate: This document, issued by the company’s human resources department, should state how long the applicant has worked at the company, the positions they have held, and the responsibilities they have taken on. This document is a crucial piece of evidence showing that the applicant is eligible for the L1 visa.
Diplomas and Certificates: The applicant’s educational qualifications and professional certifications must also be submitted. These documents demonstrate the applicant’s expertise and competence in their field. It is especially important for technical positions that these documents are complete and detailed.
U.S. Accommodation Details: Lodging Arrangements
The applicant must provide information about where they will stay in the U.S. This could be a hotel reservation, a rental agreement, or an invitation letter from a host in the U.S. Lodging arrangements are an important detail that shows the applicant will reside in the U.S. legally and properly.
Proof of Payment for the Application Fee: Financial Requirements
A specific fee must be paid when applying for the L1 visa. This fee is an official part of the application process, and proof of payment must be included in the application documents. If the fee is not paid, the application process cannot be completed, and the application may be denied. Therefore, it is crucial to ensure that the fee is paid in full and on time.
Additional Documents: Other Documents That May Be Requested by the Consulate
During the application process, consulate officials may request additional documents. For example, bank statements to provide information about the applicant’s financial situation, sponsor letters provided by the U.S. employer, or documents specifying how long the applicant will stay in the U.S. may be requested. These documents help prove that the applicant will legally reside and work in the U.S.
Conclusion
The L1 visa application process requires careful preparation and detailed document submission. It is essential that the documents are complete, accurate, and consistent to successfully complete the application process. Given the complexity of the process and legal requirements, it may be helpful to seek support from an immigration lawyer. Remember, you can reach out to me directly via LinkedIn, or through the CK Law Firm Immigration Law Firm website at info@cklawfirm.org.
Who is Attorney Asım Kılınç?
Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.
Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.
Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.
Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.
By Asim Kilinc, Immigration Attorney at CK Law Firm
The E2 visa offers a unique opportunity for entrepreneurs who want to establish a business in the United States through investment. This type of visa is available to citizens of countries that have a trade agreement with the U.S. and is ideal for those who wish to start a business or invest in an existing one. However, there are specific requirements to apply for this visa, with the “required investment amount” being one of the most critical factors. In this article, I will address the most frequently asked questions about the required investment amount for an E2 visa. By reading this article, you will find answers to the following questions:
- What is an E2 Visa?
- How Much Should the Required Investment Amount Be for an E2 Visa?
- What Does It Mean for the Investment to Be “Substantial”?
- What Are the Requirements for the Source of the Investment and How Should the Investment Be Made?
- The Condition that the Investment Must Be Irrevocable
- E2 Visa and Business Plan
- Other Considerations for Obtaining an E2 Visa
If you have any additional questions about the E2 Investor visa type, please do not hesitate to contact me through the comment section below this article, send me a direct message via LinkedIn, or reach out through the website of CK Law Firm, where I am a founding partner.
What is an E2 Visa?
The E2 visa is a temporary visa granted to citizens of countries that have a trade agreement with the United States. This visa type is designed for entrepreneurs who wish to start a business or invest in an existing business in the U.S. The E2 visa allows the investor and their family to live and work in the United States. The visa can be renewed as long as the investment continues, providing entrepreneurs with a long-term opportunity to stay in the U.S.
How Much Should the Required Investment Amount Be for an E2 Visa?
The investment amount for an E2 visa is not defined by a specific minimum threshold. Instead, the investment must be “substantial.” This means that the investment must be significant enough based on the type and size of the business being applied for. However, generally speaking, an investment amount between $100,000 and $200,000 USD is often considered sufficient. For smaller-scale businesses, these amounts may be lower, while larger-scale investments may require more substantial funds.
What Does It Mean for the Investment to Be “Substantial”?
The concept of a “substantial investment” means that the investor must put their capital at risk and that this investment must be sufficient for the business to succeed. While the United States Citizenship and Immigration Services (USCIS) does not set a specific lower limit, they require that the investment be at a level that supports the business’s sustainability and growth. For example, $50,000 might be sufficient to open a small restaurant, while a major investment in the technology sector could require several million dollars.
What Are the Requirements for the Source of the Investment and How Should the Investment Be Made?
The investment made for an E2 visa must come from a lawful source, and this source must be documented appropriately. The way the investor obtained their capital and whether this capital is legally obtained will be scrutinized carefully. Bank statements, real estate sales documents, inheritance documents, or other legally earned income sources can be used to document the source of the investment.
The investment must be directed towards an active business operating in the U.S. This means that the capital must be invested directly into the business, and the investor must assume the risk over this capital. Expenses such as business costs, equipment purchases, and employee salaries are considered active investments. However, holding the investment in a bank account would not be considered a valid investment for an E2 visa.
The Condition that the Investment Must Be Irrevocable
An investor applying for an E2 visa must ensure that their investment is irrevocable. This means that the investment is genuinely used in the business and that the investor has assumed the risk over this capital. If the investment fails, the investor may not be able to recover this money. Therefore, it is crucial to plan the investment carefully and thoroughly research the area where the investment will be made.
E2 Visa and Business Plan
A detailed business plan is a critical part of the E2 visa application. This business plan must explain how the investment will be used, how the business will generate profit, and how the investor will manage the business. The business plan must also demonstrate the growth potential of the business and prove that the investor will play an active role in the business. The USCIS carefully reviews the business plan to assess the likelihood of success for the investment and the business.
Other Considerations for Obtaining an E2 Visa
- Citizenship: To apply for an E2 visa, the applicant must be a citizen of a country that has a trade agreement with the United States.
- Investor Role: The investor must play an active role in the business, which should be decisive in the management and decision-making processes of the business.
- Employment Creation: The business must create jobs in the U.S. and support the livelihoods of others besides the investor and their family. A business that only serves the investor and their family may not be considered eligible for an E2 visa.
Conclusion
The E2 visa offers a unique opportunity for entrepreneurs who want to start a business or invest in an existing business in the United States. However, when applying for this visa, the investment amount must be carefully determined, and the investment must be irrevocable, active, and substantial. Investors applying for an E2 visa should prepare a detailed business plan and manage this process professionally. Due to the complexity of the process and legal requirements, seeking support from an immigration lawyer may be beneficial. Don’t hesitate to contact me through the CK Law Firm Immigration Law Firm website, by email at info@cklawfirm.org, or directly via LinkedIn.
Who is Attorney Asım Kılınç?
Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.
Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.
Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.
Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.
By Ergul Celiksoy, Immigration Attorney at CK Law Firm
The EB2 NIW application process can be quite complex, and processing times can vary depending on various factors. In this article, I will answer some of the most frequently asked questions about the processing time of the EB2 National Interest Waiver visa based on my experience working on hundreds of cases. By reading this article, you will find answers to the following questions:
- What is EB2 NIW, and who is eligible?
- Advantages of the EB2 NIW Visa
- EB2 NIW Process and Timeline
- Factors Affecting EB2 NIW Processing Time
- Important Considerations in the EB2 NIW Application Process
If you have questions about the EB1 NIW visa type or any other immigration matters, please feel free to reach out to me through the comments section below this article, by messaging me directly on LinkedIn, or via the CK Law Firm Immigration Law Firm’s website, which I co-founded.
What is EB2 NIW, and Who is Eligible?
The EB2 NIW is a visa category designed for qualified individuals who wish to work and live in the United States. The National Interest Waiver (NIW) allows applicants whose work serves the national interest of the United States to apply for immigration without requiring employer sponsorship. This visa category is generally suitable for highly educated professionals, experts in their fields, researchers, academics, and other qualified individuals.
Advantages of the EB2 NIW Visa
The EB2 NIW visa offers several advantages that make it more appealing compared to other immigration pathways. Not needing employer sponsorship, the ability to apply without a job offer, and the opportunity to obtain permanent residency in the United States are among the key benefits of this visa. Additionally, the EB2 NIW visa allows the applicant’s family members to obtain Green Cards as well.
EB2 NIW Process and Timeline
The EB2 NIW application process generally consists of two main stages: the I-140 petition and the subsequent I-485 form submission for the Green Card application. These two stages have different processing times and vary based on specific conditions and the workload of the United States Citizenship and Immigration Services (USCIS).
I-140 Petition: The First Step of the Application
The I-140 petition is the initial application submitted to USCIS to determine your eligibility for the EB2 NIW visa. This petition includes detailed documentation proving that the applicant possesses qualifications that serve the national interest of the United States. USCIS reviews this application and then makes a decision to approve or deny it.
I-140 Processing Time:
The processing time for the I-140 petition usually ranges from 8 to 14 months. However, this timeframe can be extended based on USCIS’s current workload, the complexity of the application file, and the completeness of the submitted documents. In some cases, applicants may be required to submit additional evidence (Request for Evidence – RFE), which can further delay the process.
I-485 Form: Green Card Application
After the I-140 petition is approved, the applicant can proceed to complete the I-485 form for the Green Card application. The I-485 form assesses whether the applicant is eligible to reside legally in the United States. During this stage, USCIS examines the applicant’s health, security background, biometric data, and other personal information.
I-485 Processing Time:
The processing time for the I-485 form generally ranges from 10 to 20 months. However, this period may be extended depending on additional steps such as biometric appointments, interview dates, and security screenings. The interview process, in particular, can take longer depending on the workload of specific USCIS offices.
Premium Processing: Is it Possible to Shorten the Processing Time?
EB2 NIW applications are generally not eligible for Premium Processing. Premium Processing allows applications to be processed within 15 days; however, since this service is not available for EB2 NIW applications, applicants must adhere to standard processing times. Therefore, careful and meticulous preparation at every stage of the application process is crucial.
Factors Affecting EB2 NIW Processing Time
Several factors can affect the processing time of an EB2 NIW application. While some of these factors may be beyond the applicant’s control, others can be managed through careful preparation.
- USCIS Workload and Regional Differences:
The workload of USCIS offices can directly impact the processing time of applications. Some offices in certain regions may be busier than others, leading to differences in processing times. - Completeness and Accuracy of the Application File:
Submitting complete and accurate documents during the application process can speed up the processing time. Incomplete or incorrect documents may lead to USCIS requesting additional evidence, which can delay the process. - Requests for Additional Evidence (RFE):
USCIS may request additional evidence while reviewing the application file. RFEs can cause delays in the application process as preparing and submitting the requested documents requires additional time. - Interview Process:
Applicants may be called for an interview during the I-485 form process. The date of the interview and the workload of the USCIS office where the interview will take place are other important factors affecting processing time.
Important Considerations in the EB2 NIW Application Process
There are some important points to consider during the EB2 NIW application process. These points can help ensure that the application process proceeds smoothly and quickly.
- Accurate and Complete Preparation of Documents:
Ensure that all application documents are accurate, complete, and error-free. Missing or incorrect documents can lead to delays in the process. - Timely Updates and Follow-Up:
It is important to act quickly in response to any notifications or requests for additional documents from USCIS. Regularly check the status of your application on the USCIS website. - Stay Updated on Immigration Law Changes:
Immigration laws and USCIS policies may change from time to time. Therefore, it is important to stay updated on current legal regulations and guidelines published by USCIS to avoid any unpleasant surprises during the application process.
Conclusion
The EB2 NIW visa offers an ideal option for qualified professionals and highly educated individuals seeking to obtain permanent residency in the United States. However, the application process for this visa can be complex and lengthy. Processing times can vary depending on the complexity of the applicant’s file, USCIS’s workload, and other factors. Careful and meticulous preparation during the application process can help the process proceed more quickly and smoothly.
If you wish, you can contact me via cklawfirm.org, by email at info@cklawfirm.org, or directly on LinkedIn to find out if you are eligible for the EB-1A visa through our free consultation service. All you need to do is send us your CV. We will review your CV and get back to you within 24 hours.
Who is Attorney Ergül Çeliksoy?
Attorney Dr. Ergül Çeliksoy is the co-founder of CK Law Firm and also serves as an Assistant Professor of Law at the University of Nottingham. With extensive experience in U.S. immigration law, Dr. Çeliksoy completed his master’s degree in international law and human rights at the University of Nottingham in 2017 before beginning his Ph.D. studies at the same university. Dr. Çeliksoy earned his Ph.D. in law at the University of Nottingham School of Law in 2022, marking a significant milestone in his academic career. He is a recognized academician with expertise in modern slavery, criminal justice, and criminal law, with publications in leading academic journals.
As a member of the California Bar, Dr. Çeliksoy provides outstanding service to his clients, particularly in U.S. immigration law cases. His knowledge and experience in immigration law are valuable assets to CK Law Firm’s practice in this field. Dr. Çeliksoy offers comprehensive and strategic solutions to his clients in immigration law cases, helping them secure their legal status in the U.S. His deep understanding of human rights and immigration processes, along with his expertise in modern slavery and criminal law, enables him to effectively address the complex legal issues faced by immigrants. By offering reliable and effective legal counseling services, Dr. Çeliksoy helps his clients build new lives in the U.S.
By Ergul Celiksoy, Immigration Attorney at CK Law Firm
For individuals with extraordinary abilities who wish to immigrate to the United States, the EB-1A visa is one of the most prestigious and direct routes. However, before applying for this visa, it’s essential to understand the processing time involved. In this article, I will answer some of the most common questions regarding the processing time of the EB-1A Extraordinary Ability visa. By reading this post, you’ll find answers to the following questions:
- What is the EB-1A Visa?
- Advantages of the EB-1A Visa
- EB-1A Visa Processing Time
- Factors Affecting EB-1A Processing Time
- Important Considerations During the EB-1A Application Process
If you have questions about other visa types like the EB-1A, feel free to reach out via the comments section at the bottom of this article, message me directly on LinkedIn, or contact me through our CK Law Firm Immigration Law website.
What is the EB-1A Visa?
The EB-1A is a U.S. immigrant visa designed for individuals with extraordinary abilities in science, arts, education, business, or athletics. Unlike many other visa categories, the EB-1A visa does not require a job offer or employer sponsorship. Instead, applicants must demonstrate and provide evidence of their exceptional achievements in their field. The EB-1A, also known as the “extraordinary ability” visa, is one of the fastest ways to obtain permanent residency (Green Card) in the United States.
Advantages of the EB-1A Visa
The EB-1A visa offers several benefits compared to other immigrant visas:
- No Job Offer Required: The EB-1A visa does not require a job offer, allowing you to apply independently without employer sponsorship.
- Direct Green Card: The EB-1A visa is one of the fastest routes to obtaining permanent residency in the United States.
- High Approval Rate: EB-1A applications have a high approval rate as long as you can prove your extraordinary abilities.
EB-1A Visa Processing Time
The processing time for the EB-1A visa begins once your application is submitted to USCIS. The process typically involves several stages:
- Preparation and Submission of the Application:
The EB-1A visa application requires careful preparation. Submitting all necessary documents accurately and completely can directly impact the review time. This stage of the application process, including gathering documents and preparing the file, can take between 2 to 4 months. - USCIS Processing Time:
After USCIS receives your application, it usually takes between 8 to 14 months to review and decide on the case. This time frame can vary depending on the complexity of the application, USCIS’s processing volume, and other factors. However, it is possible for this period to be extended, especially if a Request for Evidence (RFE) is issued, which can further delay processing. - Premium Processing Option:
If you want your EB-1A visa application to be processed faster, you can consider the Premium Processing option. For an additional fee, this service ensures that USCIS will review your application within 15 days. However, Premium Processing only speeds up the process and does not guarantee approval.
Factors Affecting EB-1A Processing Time
Several factors can influence the processing time for the EB-1A visa. These include:
- Application Complexity: If your application includes extensive documentation to prove your extraordinary abilities, USCIS may take longer to review it.
- USCIS Processing Volume: The volume of applications USCIS handles during a given period can affect processing times. Factors like pandemics, natural disasters, or other extraordinary events can lead to significant delays in processing times.
- Requests for Evidence (RFEs): USCIS may issue a Request for Evidence after reviewing your application, which can significantly delay the process. Responding promptly and thoroughly to RFEs is critical to expediting the process.
Important Considerations During the EB-1A Application Process
When applying for the EB-1A visa, there are some essential points to keep in mind:
- Prepare Your Application Completely:
Before starting the application process, ensure all necessary documents are ready. The EB-1A application requires a detailed preparation process, and careful management of this process can lead to faster processing of your application. - Pay Attention to Time Management:
The EB-1A application process can be time-consuming. Keeping track of the application process and considering acceleration options when necessary can help you manage the process more effectively. - Submit Strong Recommendation Letters:
When applying for the EB-1A visa, obtaining strong recommendation letters from recognized individuals in your field can increase your chances of success. These letters should emphasize your extraordinary abilities and contributions to your field. Strong and reputable references can make a significant difference in the USCIS review process.
Conclusion
The EB-1A visa is one of the most prestigious ways for individuals with extraordinary abilities to immigrate to the United States. Processing times can vary depending on the preparation of the application, USCIS’s processing volume, and other factors. However, it is possible to accelerate the process and increase your chances of success by taking the right steps.
If you wish, you can reach me via the CK Law Firm website at cklawfirm.org, by email at info@cklawfirm.org, or directly on LinkedIn to find out if you are eligible for the EB-1A visa through our free consultation service. All you need to do is send us your CV. We will review your CV and get back to you within 24 hours.
Who is Attorney Ergül Çeliksoy?
Attorney Dr. Ergül Çeliksoy is the co-founder of CK Law Firm and also serves as an Assistant Professor of Law at the University of Nottingham. With extensive experience in U.S. immigration law, Dr. Çeliksoy completed his master’s degree in international law and human rights at the University of Nottingham in 2017 before beginning his Ph.D. studies at the same university. Dr. Çeliksoy earned his Ph.D. in law at the University of Nottingham School of Law in 2022, marking a significant milestone in his academic career. He is a recognized academician with expertise in modern slavery, criminal justice, and criminal law, with publications in leading academic journals.
As a member of the California Bar, Dr. Çeliksoy provides outstanding service to his clients, particularly in U.S. immigration law cases. His knowledge and experience in immigration law are valuable assets to CK Law Firm’s practice in this field. Dr. Çeliksoy offers comprehensive and strategic solutions to his clients in immigration law cases, helping them secure their legal status in the U.S. His deep understanding of human rights and immigration processes, along with his expertise in modern slavery and criminal law, enables him to effectively address the complex legal issues faced by immigrants. By offering reliable and effective legal counseling services, Dr. Çeliksoy helps his clients build new lives in the U.S.
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