Yes. Upon entry into the United States, the foreign worker is a permanent resident. The foreign worker will receive a social security number.
EB-2 Visa
Can a foreign worker work legally after entry into the United States?
Yes. Upon entry into the United States, the foreign worker is a permanent resident. The foreign worker will receive a social security number and can begin to work legally.
How does a foreign worker obtain the permanent residence (‘green card’) card after they enter the United States?
Approximately 2 weeks after entry as an immigrant, the foreign worker will receive a lawful permanent resident card by mail. The permanent resident card will be valid for 10 years.
How long can a foreign worker remain in the United States after they enter?
Permanently.
What is the National Visa Center?
Once the Immigrant Petition is approved by the USCIS, the Immigrant Petition is forwarded to the National Visa Center (NVC). The NVC performs a background check of the foreign worker, collects immigrant visa fees and documents, processes the immigrant visa application and provides instruction regarding the interview and the required medical examination. After processing is… Read More
What are the requirements of the employment based second preference category to qualify as a person of ‘exceptional ability’?
The foreign individual’s ‘exceptional ability’ must be in the sciences, arts or business and will substantially benefit prospectively the national economy, cultural or educational interests or welfare of the U.S. ‘Exceptional ability’ means a degree of expertise significantly above that ordinarily encountered in the sciences, arts or business. To be considered a person of exceptional… Read More
What are the requirements of the employment based second preference category to qualify as a ‘member of the professions holding an advanced degree’?
The position must require at least a U.S. master’s degree or higher (or a foreign equivalent degree) and the foreign individual must possess a U.S. master’s degree or higher (or a foreign equivalent degree) or a U.S. bachelor’s degree (or a foreign equivalent degree) plus 5 years of progressive post bachelor degree experience.
What are the requirements of the employment based second preference category?
The foreign worker may qualify for the employment based third preference category if s/he is a member of the professions holding an advanced degree or has exceptional ability; a certified labor certification application is required (unless a national interest waiver is sought); and the position offered must be full time and permanent (unless a national… Read More
Can a foreign company or individual file an Immigrant Petition on behalf of an employee?
No. The petitioner must be a U.S. employer.
Can an individual file an Immigrant Petition for himself or herself?
Yes. The foreign individual seeking a national interest waiver may self-petition (a U.S. employer is not required).