The search for a better life quality y growth opportunities economic are the main reasons why Argentines decide emigrate to other countries. Those who have the european citizenship choose mostly spainbut who do not have dual citizenship many times they look at USA as an attractive place to try your luck.
But get a job is the first challenge in these cases and many times the main obstacle to being able to settle and stay in the Foreign. Normally, one employment visa or residency in USA requires a job offer of that country and Work certificate issued by the Department of Labor.
However, the permanent residence (Green card) through the EB-2 National Interest Waiver visa (NIW), is presented as the ideal alternative for scientific and technical professionals or specialistssince it does not require having received a job offer or comply with the labor certification process.
What is the EB-2 National Interest visa?
The National Interest Waiver visa recognizes that you can be in the “national interest” of the United States waive the job offer and labor certification process for some foreign citizens. In those cases, an applicant can self-petition for an EB-2 (NIW) visa.
These visas often are approved more quickly than standard EB-2 visas because the applicant does not need to go through the lengthy Labor Certification process.
However, because U.S. Citizenship and Immigration Services often do more extensive scrutiny on those applications, any foreign national considering filing for an EB-2 NIW visa must first consult with a lawyer with experience in this type of visa.
Who can access the United States visa without a job offer?
According to a latest analysis carried out by the Law Offices of Carla Anzaldi, a law firm specialized in immigration regarding families, businesses and work in the United States, three of types of professions or research areas with the highest volume of applications for this type of visa are:
- Health/Medicine
- Data Scientists and IT professionals
- Finance and Business
“Since Covid, there is more emphasis on granting this type of residency to areas of health, business, and IT or Security due to national priorities, and the changes that have occurred within these work areas due to the pandemic,” he commented. Carla Anzaldilawyer specialized in Immigration to the United States and founder of the Law Offices of Carla Anzaldi.
On the other hand, he explained that the average age of interested professionals in EB-2 it is between 30 and 60 years. From Latin America, the podium of applications is headed by Brazil, Colombia, Argentina, Chile and Peru. Also, between 2019 and 2021, the percentage of EB-2 visas that were granted increased 40%.
In fact, this year the US government is encouraging eligible applicants to consider apply for this type of visa because there is an exceptional amount registration of EB-2 visas available.
What are the requirements to access the EB-2 visa for the United States?
“One of the great benefits of this visa is that no offer of employment or sponsorship required from a company in the United States, as is usually the case. That is, an applicant can make an application for himself. It also has a faster processing time,” added Anzaldi.
In any case, he warned that although the EB-2 visa is highly requested, it is also requires extensive documentation and well organized application to be approved.
EB-2 visas are generally available to foreign nationals who have a advanced degree or its equivalent in professional fields, or for those who have a exceptional ability in the sciences, arts, business, or sports.
For the purposes of an EB-2 visa, an advanced degree is any degree higher than a university degree, or its foreign equivalent. Alternatively, a college degree combined with at least five years of progressive experienceare sufficient to meet the requirement for an advanced degree.
To show exceptional ability, the applicant must have a higher degree of knowledge to that commonly found in its field.
How to apply for the EB-2 visa for National Interest?
The procedure to apply for the EB-2 visa for National Interest can be done both in the United States and from Argentina, provided through the Embassy.
It starts online at official page of the Immigration Department of the United States, although it is likely that some advice or help will be required to carry it out due to the time that must be invested in the process and the requirements that must be presented to obtain it.
What is the cost of the EB2 NIW visa and how long does it take to process?
The Form I-140“Immigrant Worker Petition,” has a filing fee of u$s 700.
Then he Form I-485“Application for Adjustment of Status”, costs between u$s 750 y u$s 1.140, depending on the age of the applicant. There may also be an $85 biometric fee.
Finally, the DS-260 form will be billed by the US Department of State upon approval of Form I-140 if consular processing is selected.
The typical processing time for this type of visa is 6 to 12 monthsbut can vary widely depending on the number of cases that occur.
The government recently announced that it will soon be possible to remit a filing fee for u$s 2.500 for Form I-907 to access the premium processing service. With this service, USCIS guarantees that your case will be processed within the 15 calendar days or the fee will be refunded.
Meanwhile, to have the advice and support throughout the process by one immigration lawyer will have to calculate a cost between u$s 10.000 y u$s 12.000.
LN