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Dependent of EB-2 visa holder is...?

Dependent of EB-2 visa holder is...?

Old Feb 25th 2009, 1:45 pm
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Default Dependent of EB-2 visa holder is...?

If my husband qualifies for an EB-2 visa (which after a bit of research I think he does although of course he and his prospective employer would have to confirm) can anyone answer the following, bearing in mind we are both UKCs living in the UK at present? (I have googled it and the USCIS website is surprisingly unhelpful for beginners )

1. How long might the process take? Are we talking up to six months? A year? I understand the HB-1 visa process can be speeded up at the cost of $1000, is it the same for EB-2s?

2. What visa would that put me on - and can I work?

3. Does the prospective employer decide what is the best visa for him (as opposed to, say, HB-1 - putting me on the dreaded HB-4 devil visa)?

4. Is an EB-2 essentially a GC?

5. Can he/we come out to the US and apply for the EB-2 there? Or do we have to wait in the UK? If we can come out, what visa would that be on?

I've searched previous threads but I couldn't find exactly what I need to know.
Many thanks in advance!
(PS If we do make the move I promise to devote my time on BE to helping others!)
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Old Feb 25th 2009, 1:49 pm
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Default Re: Dependent of EB-2 visa holder is...?

Originally Posted by CherylH View Post

5. Can he/we come out to the US and apply for the EB-2 there? Or do we have to wait in the UK? If we can come out, what visa would that be on?
Presumably prospective employer would have to complete an I-140?
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Old Feb 25th 2009, 2:42 pm
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Default Re: Dependent of EB-2 visa holder is...?

Originally Posted by CherylH View Post
Presumably prospective employer would have to complete an I-140?
After obtaining an ETA form 9089. Am I getting warmer?
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Old Feb 25th 2009, 3:08 pm
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Default Re: Dependent of EB-2 visa holder is...?

Originally Posted by CherylH View Post
If my husband qualifies for an EB-2 visa (which after a bit of research I think he does although of course he and his prospective employer would have to confirm) can anyone answer the following, bearing in mind we are both UKCs living in the UK at present? (I have googled it and the USCIS website is surprisingly unhelpful for beginners )

1. How long might the process take? Are we talking up to six months? A year? I understand the HB-1 visa process can be speeded up at the cost of $1000, is it the same for EB-2s?

2. What visa would that put me on - and can I work?

3. Does the prospective employer decide what is the best visa for him (as opposed to, say, HB-1 - putting me on the dreaded HB-4 devil visa)?

4. Is an EB-2 essentially a GC?

5. Can he/we come out to the US and apply for the EB-2 there? Or do we have to wait in the UK? If we can come out, what visa would that be on?

I've searched previous threads but I couldn't find exactly what I need to know.
Many thanks in advance!
(PS If we do make the move I promise to devote my time on BE to helping others!)
Hi:

1. You don't give enough facts to give a time estimate. However, there is no way it will take "up to six months" -- that simply won't happen. Premium processing is available for only a very limited number of I-140's -- you most likely will not qualify.

2. You will be a "derivative" of hubby's EB-2 admission -- authorized to work.

3. Some EB-2's do not require a specific employer. If the category requires a specific employer and job offer, the employer makes the choice.

4. The EB-2 is an "immigrant" classification. It can lead to permanent residence status.

5. Depends upon the facts.

Good luck.
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Old Feb 25th 2009, 3:09 pm
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Default Re: Dependent of EB-2 visa holder is...?

Originally Posted by CherylH View Post
Presumably prospective employer would have to complete an I-140?
Hi:

Usually they do. There are exceptions. You don't give enough facts regarding the need or lack of need for an individual labor certification.
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Old Feb 25th 2009, 3:28 pm
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Default Re: Dependent of EB-2 visa holder is...?

Originally Posted by Folinskyinla View Post
Hi:

Usually they do. There are exceptions. You don't give enough facts regarding the need or lack of need for an individual labor certification.
Great, thanks - it's still early days so I don't have all the facts yet. Was just hoping to arm myself with more knowledge and try to make *some* sense of it all.
But when you say "However, there is no way it will take "up to six months" -- that simply won't happen" do you mean that there's no way it will happen within six months - with or without premium processing aside? And that depending on the facts a year (or more) is more likely?
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Old Feb 25th 2009, 4:14 pm
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Default Re: Dependent of EB-2 visa holder is...?

Originally Posted by CherylH View Post
Great, thanks - it's still early days so I don't have all the facts yet. Was just hoping to arm myself with more knowledge and try to make *some* sense of it all.
But when you say "However, there is no way it will take "up to six months" -- that simply won't happen" do you mean that there's no way it will happen within six months - with or without premium processing aside? And that depending on the facts a year (or more) is more likely?
Hi:

You are very welcome. I will confess to a particular fondness of a statement from a Court of Appeals some years back: "We enter the never never land of the Immigration and Nationality Act where plain words don't always mean what they say."

You do need a basic background which is understandable. Nolo Press has long been in business to help the DIY community or to help people understand the process. I have found them generally to be good. Although they are into DIY, they also will warn when an attorney is necessary. The one for immigration is available on-line for downloading: http://download-ebook.org/index.php?...c&ebookid=2391

It may very well be a worthy investment. There is a structure to this madness, believe it or not. However, Congress has this habit of passing laws tailored to current events and then events overtake the law and distort what is meant. Then Congress might [or might not] make a patchwork "solution." This can create a lot of confusion.

Also, it pays to remember that there is an inherent tension between YOUR desires and the thrust of the Immigration & Nationality Act. The Act is aimed at keeping people OUT and then there are grudging exceptions. What you desire is to get within one of those grudging exceptions and the statutory presumption is that you don't qualify.

Yes, I meant that there is no way it will happen in less than six months.

Good luck.
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Old Feb 25th 2009, 4:18 pm
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Default Re: Dependent of EB-2 visa holder is...?

Originally Posted by Folinskyinla View Post

Good luck.
Thanks! I'm going to need it...
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Old Feb 25th 2009, 4:27 pm
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Default Re: Dependent of EB-2 visa holder is...?

Originally Posted by CherylH View Post
If my husband qualifies for an EB-2 visa (which after a bit of research I think he does although of course he and his prospective employer would have to confirm) can anyone answer the following, bearing in mind we are both UKCs living in the UK at present? (I have googled it and the USCIS website is surprisingly unhelpful for beginners )

Since visas actually come from the Dept of State, not USCIS, you might find more information on visas there.
travel.state.gov
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Old Feb 25th 2009, 6:48 pm
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Default Re: Dependent of EB-2 visa holder is...?

Originally Posted by meauxna View Post
Since visas actually come from the Dept of State, not USCIS, you might find more information on visas there.
travel.state.gov
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

Not a bad summary in my opinion. They may have to navigate Department of Labor [don't know if they have eligibility for NIW or Schedule A]. Then they will have to navigate CIS and then, if they are still in the UK, Consular processing it is.

Unfortunately, I am not aware of any flowchart of the path to the green card via employment that would help OP.

Last edited by Folinskyinla; Feb 25th 2009 at 6:53 pm.
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