How to Apply for an EB-2 Visa for Professionals in Wisconsin

How to Apply for an EB-2 Visa for Professionals in Wisconsin

The EB-2 visa is a great opportunity for professionals in Wisconsin looking to enhance their careers and secure permanent residency in the United States. This visa category is designed for individuals who hold advanced degrees or possess exceptional ability in their fields. Here’s a comprehensive guide on how to apply for an EB-2 visa in Wisconsin.

1. Determine Eligibility

Before applying for an EB-2 visa, it is essential to assess your eligibility. The EB-2 category consists of two main classifications:

  • Advanced Degree Professionals: You must have an advanced degree (a master's degree or higher) or a bachelor’s degree plus five years of progressive experience in your field.
  • Exceptional Ability: You must demonstrate exceptional ability in your profession, which can be proven through various forms of documentation, such as awards, publications, and a high salary in your field.

2. Obtain a Job Offer and Labor Certification

For most EB-2 applicants, especially those applying under the advanced degree category, obtaining a permanent job offer from a U.S. employer is essential. The employer must also secure a Labor Certification from the U.S. Department of Labor (DOL). This process ensures that there are no qualified U.S. workers available for the job.

To initiate this, your employer will need to file a Form ETA-9089, Application for Permanent Employment Certification, through the DOL.

3. Prepare Necessary Documentation

Compile all required documentation to support your application. This may include:

  • Copies of your educational degrees and transcripts.
  • Evidence of your work experience, including letters from previous employers.
  • Documentation showcasing your exceptional ability, such as awards or publications.
  • Proof of a valid job offer, including an employment contract and Labor Certification.

4. File the Immigrant Petition

Once you have obtained your Labor Certification, your employer must file Form I-140, Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS). This form demonstrates your eligibility for the EB-2 visa and includes supporting documentation, such as:

  • Completed Labor Certification.
  • Your resume detailing your professional experience.
  • All required evidence substantiating your advanced degree or exceptional ability.

5. Wait for USCIS Processing

After submitting the Form I-140, you will need to await a decision from USCIS. Processing times can vary, typically ranging from six to twelve months. It's essential to keep track of your application status either through the USCIS website or by contacting their office.

6. Adjust Status or Consular Processing

If your I-140 petition is approved, you can either adjust your status if you are already in the U.S. or undergo consular processing if you are outside the U.S.

  • Adjustment of Status: File Form I-485, Application to Register Permanent Residence or Adjust Status, if you’re physically present in the U.S. This grants you the right to live and work permanently in the U.S.
  • Consular Processing: If you are outside the U.S., schedule an interview at your local U.S. embassy or consulate once your priority date becomes current.

7. Attend the Interview

Be prepared for an interview if required. Whether you are adjusting your status or going through consular processing, the interview is a standard part of the process. It’s crucial to present all necessary documentation and answer questions honestly and accurately.

8. Receive Your EB-2 Visa

Upon approval of your application, whether through adjustment of status or consular processing, you will receive your EB-2 visa. This visa grants you the ability to live and work permanently in the United States, offering new opportunities in your professional journey.

Conclusion

Applying for an EB-2 visa as a professional in Wisconsin requires careful preparation and documentation. By understanding each step of the process and ensuring that you meet the necessary qualifications, you can increase your chances of a successful application and embark on a fulfilling career in the U.S.