QUESTION

Can I apply for EB2 green card visa if I am on F1 status and how much time does it take to complete the process?

Asked on Aug 31st, 2016 on Immigration - New York
More details to this question:
I do not know whether I am eligible for applying EB2 card on F1 status.
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3 ANSWERS

Immigration Law Attorney serving Atlanta, GA
3 Awards
It is not unusual for a student on an F1 visa to apply for a visa in the EB2 category. Those applications generally fall into two types - one by which an employer files an application and completes the Labor Certification process, or one by which the applicant self-petitions and seeks a waiver of the Labor Certification process - this type is often called "EB2/NIW"). It would be wise for you (and, if applicable, your employer) to consult with an immigration attorney who, after learning all of the relevant information, would be able to advise about eligibilities, options and strategies and could offer legal representation in the application process.
Answered on Oct 03rd, 2016 at 4:00 AM

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It does not matter in what status you are now - so long as you are in a valid status and remain in that status until you receive a green card or leave the U.S. In F-1 status, it means that you cannot accept employment, even for your petitioner, without authorization by USCIS, and you cannot reduce your coursework below the minimum enrollment required by your visa. To apply for a green card in EB-2 category, you need either an advanced degree, or an exceptional ability, or a national interest waiver. If you file in the advanced degree category, the job you apply for must require an advanced degree, and you must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field). For filing in the "exceptional ability" subcategory, you must show "a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.? The required evidence includes: - Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability; - Letters documenting at least 10 years of full-time experience in your occupation - A license to practice your profession or certification for your profession or occupation - Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability - Membership in a professional association(s) - Evidence of recognition for your achievements and contributions to your industry or field by your peers, government entities, professional or business organizations In the "national waiver" subcategory, the requirements are pretty much the same as in the exceptional ability category plus you have to show that your work will benefit the national interests of the United States. For any EB2 petition, you need a petitioner - a U.S. employer willing and able to obtain labor certification for your position and for you, personally, and willing and able to pay you the wages the Department of Labor will determine based on the job description, industry, and geographic area. The entire process can be expected to take 10-15 months. It is extremely important that, until you have a green card in your hand, you do not violate the terms of your F1 visa; if you cannot, you should leave the U.S. and complete the process through the U.S. Embassy in your country.
Answered on Sep 23rd, 2016 at 7:14 AM

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Sexual Harassment Attorney serving Brooklyn, NY
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If an employer would sponsor you, you can apply. However, first it will jeopardize your chances to renew your status, second, you need to qualify for the EB2 option.
Answered on Sep 23rd, 2016 at 7:14 AM

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