USCIS Encourages Applicants to Apply for EB-1 and EB-2 Visas

The EB-1 and EB-2 Visa Surplus

The U.S. Citizenship and Immigration Services (USCIS) is encouraging all those who meet the eligibility criteria for an EB-1 visa (a Green Card for individuals with exceptional ability) and EB-2 Visa (a Green Card for foreign nationals with advanced degrees) to apply for these immigrant visas as there is currently a surplus available.

The visa limit for this fiscal year (October 2021 – September 2022) shows that there are twice as many EB-1 and EB-2 Visas available than usual. The surplus of available visas is due to the roll-over of unused immigrant visas from the last fiscal year which was distributed to the first and second priority employment-based visa categories.

Those who are eligible for either the EB-1 or EB-2 Visas are encouraged to apply as the U.S. is currently actively recruiting more educated talent (particularly those who work in Science, Technology, Engineering, and Math or STEM) to come to the United States.

What is the EB-1 Visa?

The EB-1 (Employment-based first preference) visa is available to foreign nationals with ‘extraordinary ability’, outstanding professors and researchers, and certain multinational executives or managers. Since this visa does not require the application to obtain a Labor certification beforehand, it benefits from a markedly shorter waiting time.

In order to be eligible for this visa, applicants must be able to show sustained national or international acclaim in their particular field (arts, athletics, business, education, and the sciences) and be able to meet the eligibility criteria specific to their individual occupation category.

The EB-1 Visa is an immigrant visa that permits lawful residence to the visa holder along with the visa holder’s immediate family members (spouse and dependent children).

What is the EB-2 Visa?

The EB-2 (Employment-based second preference) visa is available to foreign nationals who possess an advanced degree (or its equivalent). Eligible EB-2 visa applicants must be able to demonstrate their ‘exceptional ability’ in their chosen field and meet the eligibility requirements for their specific visa.

There are three classifications of EB-2 Visas which are as follows:

• EB-2A Visa (Advanced Degree). This visa is available to foreign nationals with an advanced degree in their field and who have at least 5 years of post-baccalaureate or any other progressive work experience in their field.
• EB-2B Visa (Exceptional Ability). This visa is available for foreign nationals who possess ‘a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business’.
• EB-2C Visa (National Interest Waiver). This visa is available to foreign nationals whose exceptional ability and employment in the U.S. would greatly benefit the national interest of the United States.

Just like the EB-1 Visa, the EB-2 Visa is also an immigrant visa that grants permanent residence status to both the visa holder and their dependent family members.

How Can IAS Help?

As with any green card application, the USCIS will your EB-1 and EB-2 application carefully to make sure that you are able to meet the eligibility criteria. Therefore, it is important that you consult with an experienced immigration attorney who can make sure that your employment-based green card application is completed to the highest standard and accompanied by all the necessary supporting documents.

Here at IAS, we can help you with your application by offering the following services:

• Assess your eligibility for either an EB-1 or an EB-2 Visa
• Checking to make sure that your portfolio of evidence contains all the necessary supporting documents
• Advise those who are self-petitioning
• Liaise with necessary government agencies (where necessary)

For more information about we can best help you with your Green Card application, get in touch with us today at +1 844 290 6312 or leave a message online and we’ll get back to you.