Introduction to E-21 and EB-2 Visas
The E-21 and EB-2 visas are two types of employment-based visas that allow foreign workers to live and work in the United States. While both visas offer a path to permanent residency, they have distinct eligibility requirements and application processes.
The E-21 visa is a specialty occupation visa, typically requiring a bachelor's degree or higher in a specific field, whereas the EB-2 visa is an advanced degree visa, requiring a master's degree or higher, or a bachelor's degree with at least five years of progressive experience.
Eligibility Requirements for E-21 and EB-2 Visas
To be eligible for an E-21 visa, applicants must have a job offer from a US employer, and the employer must obtain a labor certification from the US Department of Labor. In contrast, EB-2 visa applicants must have a job offer from a US employer, and the employer must obtain a labor certification, as well as demonstrate that the applicant's skills and qualifications are in the national interest.
Additionally, EB-2 visa applicants must have an advanced degree, such as a master's or Ph.D., or demonstrate exceptional ability in their field, whereas E-21 visa applicants must have a bachelor's degree or higher in a specific field.
Application Process for E-21 and EB-2 Visas
The application process for E-21 and EB-2 visas involves several steps, including filing a petition with US Citizenship and Immigration Services (USCIS), obtaining a labor certification, and applying for a visa at a US embassy or consulate. The processing times and fees for the two visas also differ.
E-21 visa applications are typically processed more quickly than EB-2 visa applications, with processing times ranging from several months to a year or more. EB-2 visa applications, on the other hand, can take several years to process due to the more complex eligibility requirements and labor certification process.
Benefits of E-21 and EB-2 Visas
Both E-21 and EB-2 visas offer a path to permanent residency in the United States, as well as the opportunity to live and work in the US for an extended period. Additionally, both visas allow for the inclusion of dependents, such as spouses and children, on the visa application.
However, EB-2 visa holders may be eligible for a green card more quickly than E-21 visa holders, as the EB-2 visa is considered a higher priority visa. EB-2 visa holders may also be eligible for more flexible work arrangements and greater job mobility.
Conclusion: E-21 vs EB-2 Visa
In conclusion, while both E-21 and EB-2 visas offer a path to permanent residency in the US, they have distinct eligibility requirements, application processes, and benefits. E-21 visa applicants must have a bachelor's degree or higher in a specific field, whereas EB-2 visa applicants must have an advanced degree or demonstrate exceptional ability.
Ultimately, the choice between an E-21 and EB-2 visa will depend on the individual's qualifications, experience, and goals. It is essential to consult with an immigration attorney to determine the best course of action and ensure a successful visa application.
Frequently Asked Questions
What is the main difference between an E-21 and EB-2 visa?
The main difference is the level of education and experience required, with E-21 requiring a bachelor's degree and EB-2 requiring an advanced degree or exceptional ability.
Can I apply for an EB-2 visa with a bachelor's degree?
Yes, but you must have at least five years of progressive experience in your field to be eligible for an EB-2 visa with a bachelor's degree.
How long does it take to process an E-21 visa application?
E-21 visa applications are typically processed within several months to a year, depending on the complexity of the application and the workload of the USCIS.
Can I include my family members on my E-21 or EB-2 visa application?
Yes, both E-21 and EB-2 visas allow for the inclusion of dependents, such as spouses and children, on the visa application.
Do I need a labor certification for an E-21 or EB-2 visa?
Yes, both E-21 and EB-2 visas require a labor certification from the US Department of Labor, which demonstrates that there are no qualified US workers available for the job.
Can I change employers with an E-21 or EB-2 visa?
Yes, but you must obtain a new labor certification and file a new visa application with the USCIS, which can be a complex and time-consuming process.