
Foreign nationals who have exceptional ability (including businesspersons, scientists and artists), and professionals with advanced degrees or equivalent qualifications can immigrate to the USA under the employment-based second preference (EB-2) visa. After entering USA, immigrants can also choose to establish a business or make intelligent investments – making the EB-2 classification a highly advantageous business visa USA option.
There are several attractive benefits of obtaining the EB-2 United States business visa.
The USA offers stable economic conditions that protect the interests of American business visa holders.
It is worth noting that almost 29% of all small businesses in USA are run by immigrants, and 59% of $1 billion start-up companies in USA have at least one founder who is an immigrant. Thus, there are a plethora of opportunities for entrepreneurship and investment. Many people who obtain a US business visa from India go on to establish small businesses or expand their business franchise overseas.
There are three EB-2 US business visa types that candidates can apply under:
National Interest Waiver – U.S. employers who wish to hire a foreign worker must prove that there are no qualified U.S. workers to occupy the position that the foreign worker has been offered, by undergoing a labour certification process. Foreign nationals who want the job offer and labour certification requirement to be removed, as their employment is in the interest of USA, can apply under the National Interest Waiver category.
The EB-2 US business visa process differs depending on the category under which the applicant falls. The application process is administered by U.S. Citizenship and Immigration Services (USCIS).
Advanced Degree and Exceptional Ability
National Interest Waiver
The labour certification can be filed directly by the candidate to USCIS.
The EB-2 US business visa requirements for eligibility vary according to the category:
Advanced Degree
Exceptional Ability
National Interest Waiver
The EB-2 US business visa application must be accompanied by supporting documents, to prove evidence of the applicant’s eligibility.
Advanced Degree
Exceptional Ability
Provide evidence of meeting any three of the following criteria:
National Interest Waiver
The time required to prepare and submit a strong application may vary from one candidate to another. The US business visa processing time for a particular form or petition depends on the caseload of the authorities, and the active immigration policies.
As of May 2020, the minimum processing duration for a Form I-140 is 4 to 6 months. The US business visa cost under the EB-2 classification is a combination of the filing fees for Form I-140 ($700) and biometrics fee ($85).
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