Q1. Where can I find the laws governing the Employment Based Second Preference (EB-2) Immigrant Visa Category?
A1. The statutory requirements may be found in the Immigration and Nationality Act (INA) at Section 203(b)(2). The regulatory requirements may be found in the Title 8 Code of Federal Regulations (8 CFR) at section 204.5(k).
My PD is EB3 - Dec 2007. I have 3+2 years of education from India which is equivalent to US Bachelors. I have 3 years of experience before joining the current empoyer. Now I have more than 10 years of experience(including the experience with the current employer). I would like to know if I can apply again in EB-2 with the same employer using the experience gained from current employer.
You can, if the job offered is more than 50% different than the job you were performing so far with the same employer.
Fact Sheet
On Aug. 2, 2011, Secretary of Homeland Security Janet Napolitano and USCIS Director Alejandro Mayorkas outlined a series of policy, operational, and outreach efforts to fuel the nation’s economy and stimulate investment. These initiatives will allow our nation to realize the potential of current immigration laws to attract the best and brightest from around the world to invest their talents, skills, and ideas to grow the U.S. economy and create American jobs.
I had an accident and am on disability while my green card adjustment of status application ( form I-485 ) has been pending for over 4 years. My I-140 had been approved about 5 years back but my case has been caught up in the visa backlogs at USCIS and Department of State. I wanted to know if there was any provision for help in the immigration laws, in case I am sent for long term disability or my employment is terminated before I receive my green card. I learnt that employment and disability are subjects to be discussed with a benefits or employment attorney. The only immigration benefits are via AC 21 or via a private bill. Also, that one should not loose the advance parole anytime while the AOS is pending. I want to thank Mr. Rajiv Khanna for his generosity with time and expert guidance. Over the phone I found him to have a very pleasant personality. he had me feel comfortable and didnt seem money minded at all.
Finding Mr. Rajiv Khanna, was the best thing that could have happened to me for achieving my GC approval. My GC case was little bit complicated coz i moved to different location before my 140 approval but he handled my case with professionalism and dedication like no other. He explained all the steps of the process and kept me informed on how things were progressing. He gathered all the necessary documents, was always attentive to me, receiving my calls and answering my questions with great patience. Ms. Heather and Mr. Mark helped me always with all my concerns and resolving my issues independently or/and with the help of Mr Rajiv. Infinite thanks to Mr. Rajiv, Ms. Heather & Mr. Mark for being always on the lookout. I can finally say I’m American resident in record time, completely changed my life and I am absolutely sure I would not have done it without their help. Recommend 100% .. they are the best … I will always be indebted to them! Great lawyer with efficient Team!!
I am very satisfied with the services I received. It was a long journey to get the green card and your team has helped me to succeed. Thank you very much!
After a long journey in becoming a permanent resident, with the help of Rajiv and his team, I have become a PR recently. Had to go through some tough situations with the immigration during the process. Rajiv and his team did an excellent job in helping me through those tough situations and were always available to answer all my questions and provide valuable advise. Thank you much Rajiv and all the supporting staff who have contributed. Thank You.
Thanks and regards to Rajiv S. Khanna and his co-workers for the advice and professional work to get our Green Card. We started in Sep'99 and the approval came in Oct'01. It was RIR under EB2.