Can I apply for EB2 myself?
Applying for an EB2 visa, also known as the Employment-Based Second Preference visa, can be a complex process that involves meeting specific criteria and navigating through various legal requirements. Many individuals wonder whether they can apply for this visa on their own or if they need to seek the assistance of an immigration attorney. In this article, we will explore the ins and outs of applying for an EB2 visa and provide you with the information you need to make an informed decision.
Understanding the EB2 Visa Process
The EB2 visa category is designed for foreign workers with advanced degrees or exceptional ability in the arts, sciences, or business. To apply for an EB2 visa, you must first demonstrate that you have an offer of employment from a U.S. employer and that your job is in the national interest. The process typically involves the following steps:
1. Labor Certification: You must obtain a labor certification from the U.S. Department of Labor, which ensures that there are no qualified U.S. workers available for the position.
2. Form I-140: Once you have a labor certification, you can file Form I-140, Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS).
3. National Interest Waiver (NIW): If you are applying for an NIW, you must demonstrate that your job will significantly benefit the U.S. national interest.
4. Form I-485: After USCIS approves your Form I-140, you can file Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a green card.
Can I Apply for EB2 Myself?
While it is technically possible to apply for an EB2 visa on your own, it is highly recommended that you seek the assistance of an immigration attorney. Here are a few reasons why:
1. Legal Complexity: The EB2 visa process is intricate, and there are numerous forms, deadlines, and requirements to consider. An immigration attorney can help you navigate through the complexities and ensure that your application is complete and accurate.
2. Expertise: An immigration attorney has extensive knowledge of U.S. immigration laws and regulations. They can provide you with valuable advice and guidance throughout the application process.
3. Avoiding Delays: Mistakes or omissions in your application can lead to delays or even denial. An immigration attorney can help you avoid these issues and increase your chances of a successful application.
4. Language Barriers: If English is not your first language, an immigration attorney can help you communicate effectively with USCIS and ensure that your application is understood.
Conclusion
In conclusion, while you can apply for an EB2 visa on your own, it is advisable to seek the assistance of an immigration attorney. The process is complex, and an attorney can help you navigate through the requirements, increase your chances of success, and avoid potential pitfalls. Remember, the decision to apply for an EB2 visa is a significant step in your life, and it is crucial to ensure that your application is handled with care and expertise.
