The EB-2 visa is one of the favorite options for Indian nationals seeking a green card to live and work as permanent residents in the United States. The eligibility criteria for this visa category apply to members of professions holding an advanced degree or its foreign equivalent, or individuals with exceptional ability.
How long does it take for an Indian to get a green card via EB2? Read on to find out.
EB-2 Visa Processing Timeframe – Full Walkthrough
PERM Labor Certification
Indian nationals seeking for an EB-2 visa cannot apply directly with the United States Citizenship and Immigration Services (USCIS). Instead, the US employer sponsoring the application must do it on the prospective employee’s behalf.
Before applying for a visa, a US employer must complete the labor certification process (PERM) with the US Department of Labor (DOL).
The purpose of this procedure is to guarantee that no US workers are available, willing, or able to occupy the job being offered to foreign employees. Generally, the total processing time required to complete PERM is 10 months.
Filing Form I-140
After obtaining approval from DOL, the US employer sponsoring the EB-2 application can file Form I-140 (Immigrant Petition for Alien Workers) with USCIS. The standard processing period ranges between six to nine months. It is possible to pay an optional fee for premium processing. In such cases, the application must be processed within 15 days.
Once Form I-140 is submitted to USCIS, the agency will provide a priority date to the applicant. In essence, the priority date determines an applicant’s “place in line” in the immigration processing system.
This date tells applicants when they can apply for a green card or file for an adjustment of status. Currently, some countries have no wait time for EB-2 application processing, allowing applicants to schedule an interview immediately.
Unfortunately, the waiting period for Indian nationals tends to be longer, as the priority dates for those born in China and India may take years to arrive.
Applying for EB-2 Green Card
Once the priority date arrives, the beneficiary of an approved EB-2 application can file for a green card. If the applicant is located abroad, it is possible to apply at a US Embassy or Consulate.
If the applicant is lawfully present in the United States, the next step is to apply for an adjustment of status. Please note that applicants have one year from the priority date to apply for a green card.
In this process, the EB-2 beneficiary must complete the applicable medical examination and submit a list of documents required by USCIS. An interview may also be required. In either case, the average processing time is nine months (counting from the filing date).
Do You Want to Apply for EB-2 Status from India? – Immediately Seek Expert Legal Guidance
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