General Questions about EB-1 and EB-2
Q1: What is the EB-1 Green Card category?
A: EB-1 is a first-preference employment-based green card category for individuals with extraordinary abilities, outstanding professors or researchers, and certain multinational executives or managers. It is designed for highly accomplished professionals in various fields such as arts, science, business, education, or athletics.
Q2: What is the EB-2 Green Card category?
A: EB-2 is a second-preference employment-based green card category, intended for professionals holding advanced degrees or those with exceptional abilities in the arts, sciences, or business. This category also includes individuals eligible for a National Interest Waiver (NIW).
Q3: How do EB-1 and EB-2 differ?
A: EB-1 is for individuals with extraordinary abilities or achievements, requiring no job offer or labor certification for certain subcategories.
EB-2 focuses on advanced degree holders or those with exceptional abilities and often requires a job offer and labor certification, unless applying under the National Interest Waiver (NIW).
EB-1 Category Specific Questions
Q4: What are the subcategories under EB-1?
A: EB-1 has three subcategories:
EB-1A: Extraordinary Ability
EB-1B: Outstanding Professors and Researchers
EB-1C: Multinational Managers or Executives
Q5: Do I need a job offer for the EB-1A category?
A: No. For EB-1A (Extraordinary Ability), a job offer is not required, and you can self-petition if you demonstrate sustained national or international acclaim in your field.
Q6: What documentation is required for an EB-1 petition?
A: Documentation may include:
Evidence of major awards or prizes ()
Publications, media coverage, or original contributions in your field
Membership in prestigious organizations
Proof of leading roles in professional associations
Q7: Is premium processing available for EB-1?
A: Yes, premium processing is available for EB-1 petitions, expediting the processing time to 15 calendar days for an additional fee.
EB-2 Category Specific Questions
Q8: What is the difference between EB-2 Advanced Degree and Exceptional Ability categories?
A: Advanced Degree: Requires a U.S. master’s degree or higher, or a foreign equivalent, and a job offer.
Exceptional Ability: Requires significant expertise in the sciences, arts, or business, with evidence showing contributions beyond ordinary achievements.
Q9: What is the National Interest Waiver (NIW) under EB-2?
A: NIW allows individuals to request a waiver of the job offer and labor certification requirement if their work benefits the U.S. economy, health, or national interest. It is often used by researchers, healthcare professionals, and entrepreneurs.
Q10: What are the eligibility criteria for NIW?
A: Applicants must meet the following criteria:
Their work has substantial merit and national importance.
They are well-positioned to advance their field.
Granting the waiver benefits the U.S. more than requiring a labor certification.
Q11: Can I self-petition for EB-2 NIW?
A: Yes, you can self-petition for EB-2 NIW without a job offer if your work aligns with national interests.
Q12: How long does it take to process an EB-2 NIW application?
A: Processing times vary, typically between 8-18 months. However, applicants may request premium processing to expedite the application.
Application and Documentation
Q13: What evidence is required for an EB-1A or EB-2 NIW petition?
A: Typical evidence includes:
Published research papers, patents, or scholarly citations
Awards or recognition in your field
Letters of recommendation
Proof of your role in impactful projects or initiatives
Q14: Can I apply for both EB-1 and EB-2 at the same time?
A: Yes, you can apply for both categories simultaneously (if eligible) to increase your chances of approval. However, each petition requires separate fees and documentation.
Q15: What happens if my petition is denied?
A: You may appeal or refile your petition with stronger evidence. Rhemma Consult offers guidance on addressing RFEs (Requests for Evidence) to improve your application’s chances.
Transition and Green Card Issuance
Q16: Do EB-1 and EB-2 lead to permanent residency?
A: Yes, both EB-1 and EB-2 categories offer a pathway to a green card, leading to lawful permanent residency.
Q17: Can my family members apply with me?
A: Yes, your spouse and unmarried children under 21 can apply for a green card under both EB-1 and EB-2 as dependents.
Q18: Is there a waiting period for an EB-1 or EB-2 visa?
A: Visa availability depends on your country of origin. While EB-1 typically has shorter wait times, EB-2 applicants from certain countries may experience longer backlogs.
Rhemma Consult Services
Q19: How can Rhemma Consult assist with my EB-1 or EB-2 petition?
A: Rhemma Consult offers:
Tailored consultations to assess your eligibility
Guidance on collecting and organizing documentation
Drafting compelling personal statements and recommendation letters
Expertise in responding to RFEs to strengthen your petition
Q20: Why choose Rhemma Consult for your EB-1 or EB-2 application?
A: Our team has a proven track record of successful petitions, as demonstrated by numerous client success stories shared on LinkedIn and YouTube Pages. We provide expert advice, personalized services, and thorough preparation to ensure the best outcome for your case.
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Log on to www.rhemmaconsult.com for more information.