Difference Between EB-2 and Labor Certification
It is essential to understand the distinctions between immigration processes to make informed decisions about your legal future in the United States. There are key variations between traditional labor certification and the EB-2 visa.
Labor Certification (EB-3)
For this process, it is strictly necessary for a U.S. company to sponsor and petition for an individual for residency purposes. You should keep the following in mind:
* It mandatorily requires a corporate sponsor.
* These processes tend to be long, with an estimated duration of 2 to 4 years.
EB-2 Visa and National Interest Waiver
Currently, the EB-2 visa represents a significant opportunity due to its current availability in the visa bulletin, allowing for direct permanent residency applications in several cases.
Self-Petition: Unlike other categories, the National Interest Waiver visa does not require a sponsor; the individual can petition for themselves.
No Prior Certification: This pathway allows one to bypass the labor certification process, streamlining the path to residency.
Professional Profile: It is aimed at individuals who possess an advanced degree and several years of work experience or extraordinary abilities.
This benefit is relevant even for individuals currently in asylum processes or those who have had TPS. It is important to know that if a person qualifies for both categories, they can technically apply for both visas simultaneously to secure their legal status.
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