There is a substantial need in the U.S. for talented individuals looking to use their talents for the benefit of U.S. companies. However, most don’t understand the difference between H1b and EB2. Furthermore, most talented individuals do not realize that it is their potential employer that must begin the process for them, they cannot petition for themselves.
The Difference Between EB2 and H1b
H1b visas operate on a lottery system and need to be renewed each year. Every year, thousands of employers file H1bs for their prospective employees and know within two weeks whether or not their employees have been selected. It is a lottery which means employees are selected at random based on quota categories. An H1b is not guaranteed. EB2 is more likely to result in a visa as it is not a lottery. It still operates on a quota based on country of origin, but eventually will be granted as long as you are qualified. Furthermore, the process results in a green card and does not have to be renewed. The benefits of this process are balanced however by the fact that the process is much more involved and can take much longer.
How to Get Started
To begin, an employer must first obtain a labor certificate. A labor certificate is granted by the Department of Labor when a company cannot find someone locally to do a certain job. The Department of Labor will ask the employer to put out an advertisement and interview prospective employees. The advert must specify reasonable qualifications for the job and offer the prevailing minimum wage for that job in your state. Should an employee not be found that meets the reasonable qualifications, the labor department will issue a labor certificate for the company to use for an EB2 visa.
Once a Labor certification is issued, the company will file an I-140 with the labor certificate to USCIS. In the I-140, the company will have to identify the individual for the EB2 visa and convince them that this person is qualified for the job. Usually this is done by providing degrees and certificates you have earned over your career, letters of recommendation, etc. Further, they must also show that the company is able to pay the person the prevailing wage for that job. Proving this must be done via the companies’ taxes.
For more information, schedule a meeting with an LLC lawyer, like one at Mughal Law Firm, PLLC, today.