One of the legal ways to immigrate to the United States is through the business visa. Today, this has become a hot topic in immigration. As an immigration lawyer, one of the most common questions I get asked by clients is how to obtain an EB-1 or EB-2 visa. These visas are highly sought-after by foreign nationals who are looking to work and live in the United States. In this blog post, I will provide an overview of the EB-1 and EB-2 visa categories and explain how to increase your chances of being approved for one.
The EB-1 visa is designed for foreign nationals who possess extraordinary abilities in the sciences, arts, education, business, or athletics. It is also available for outstanding professors or researchers, as well as multinational executives or managers. To qualify for an EB-1 visa, you must be able to provide evidence of your extraordinary abilities or achievements. This can include:
- Receipt of a major international award or prize
- Membership in a prestigious professional association
- Publication of original scholarly or scientific research
- Evidence of commercial success in the performing arts
- Other evidence that demonstrates your exceptional ability in your field
To apply for an EB-1 visa, you will need to file a Form I-140, Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS). You will also need to provide evidence of your extraordinary abilities or achievements, as well as other supporting documentation. It is important to note that the EB-1 visa category is highly competitive, and only a limited number of visas are available each year.
The EB-2 visa is designed for foreign nationals who possess advanced degrees or exceptional ability in the sciences, arts, or business. To qualify for an EB-2 visa, you must meet one of the following criteria:
- Hold an advanced degree (such as a master’s or doctorate) in your field
- Have exceptional ability in your field, which means you must have a degree of expertise significantly above that which is ordinarily encountered in your field
To apply for an EB-2 visa, you will need to file a Form I-140, Petition for Alien Worker, with the USCIS. You will also need to provide evidence of your advanced degree or exceptional ability, as well as other supporting documentation. Unlike the EB-1 visa, the EB-2 visa category is not as competitive, and more visas are available each year.
Tips for Success
If you are interested in obtaining an EB-1 or EB-2 visa, there are several things you can do to increase your chances of success. These include:
- Start early: The visa application process can be lengthy and complex, so it is important to start early and allow plenty of time to gather all the necessary documentation.
- Work with an experienced immigration lawyer: An immigration lawyer can help you navigate the visa application process and ensure that your application is as strong as possible.
- Provide comprehensive documentation: To have the best chance of success, you should provide as much evidence as possible to support your application. This may include letters of recommendation, awards or prizes, and publications.
- Be patient: The visa application process can be frustrating, but it is important to remain patient and stay positive. Remember that the visa application process is designed to ensure that only the most qualified candidates are approved.
Obtaining an EB-1 or EB-2 visa can be a complex and challenging process, but with the right approach and support, it is possible to succeed. By following the tips outlined in this blog post and working with an experienced immigration lawyer, you can increase your chances of being approved for one of these highly sought-after visas.
Call us for a consultation to see if a Business Visa is right for you.