Complexities of the EB-2 Visa to obtain the Green Card in the USA
The EB-2 Visa allows you to obtain a Green Card in the US for national interest, that is, by performing well in your profession and thereby wanting to contribute to the development of the country. But obtaining the Green Card this way is actually very complex, since it requires many years of experience, a very high level of specialization and a sponsor willing to finance the process. Is the EB-5 a better option? We’ll tell you then.
For many highly qualified professionals around the world, the idea of obtaining a Green Card and settling in the United States represents a desired but at the same time very complex goal.
This, as many times the search becomes an uphill battle for, particularly for those facing the challenges and complexities of the EB-2 VISA, one of the most challenging paths to permanent residence in the United States.
In this article, we will explore the obstacles associated with obtaining a Green Card through the EB-2 Visa and consider possible solutions for those who find themselves in this process.
The complex nuances of the EB-2 Visa
The EB-2 Visa is designed for professionals with advanced degrees or exceptional skills in specific fields. But despite its initial appeal, the reality of obtaining this visa is complex and challenging, and faces a series of obstacles that are difficult to overcome.
One of the biggest challenges facing EB-2 applicants is the limited number of visas available each year, resulting in quota restrictions and long waiting lists.
This limitation puts pressure on applicants and generates intense competition among applicants, making it even more difficult to obtain the coveted Green Card.
But that is not all. As we mentioned previously, it is also necessary to have a high level of specialization in the field in which you work and that this can be standardized with the rules that govern in the United States.
According to the Foster law firm, individuals who have an advanced degree with a U.S. master’s degree or a foreign degree equivalent to a U.S. master’s degree or higher are considered for this type of visa.
A person may also be considered to have “exceptional ability in the sciences, arts, or business” if he or she has experience well above that typically found.
In this case, evidence of “exceptional capacity” must be presented, supported by at least three of the following documents:
- Title, diploma, certificate or academic award related to the area of exceptionality
ability; - At least ten years of full-time experience in the occupation, as evidenced by reference.
letters from current or former employers; - License or certification to practice the profession or occupation;
- Evidence of salary or other remuneration for services that demonstrate exceptionality.
ability; - Proof of membership in professional associations; either
- Evidence of recognition for significant achievements and contributions to the industry or
field by peers, government entities or professional or business organizations.
Bureaucratic process and exhaustive documentation
The EB-2 Visa application process involves a complex and exhaustive bureaucratic process that requires extensive and detailed documentation to support claims of exceptional abilities or advanced degrees.
Applicants must provide tangible evidence of outstanding achievements in their respective fields, which often involves collecting a wide range of letters of recommendation, relevant academic publications, professional recognitions, and outstanding academic achievements.
This daunting task requires a considerable dedication of time and resources to convincingly compile and present the necessary documentation, which can be a significant barrier for many applicants.
Meanwhile, the strict eligibility requirements established for the EB-2 Visa contribute to the intensity of competition and the complexity of the application process. The definition of what constitutes an “exceptional ability” or an “advanced degree” is highly specific and restrictive, leaving many highly qualified applicants in a compromising position.
Finally, the competition for the EB-2 visa is made even more challenging due to the rigorous nature of the eligibility criteria, requiring an exceptional level of experience, professional achievements, and outstanding contributions in their respective fields to stand out among other applicants. .
Is the EB-5 Program the Answer?
In light of the inherent challenges associated with the EB-2 visa, the EB-5 Investor Program appears to be an attractive alternative for those seeking a more direct and less restrictive path to permanent residence in the United States.
Through this program, foreign investors have the opportunity to obtain a Green Card by making a specific investment in commercial projects in the United States.
One of the main advantages of the EB-5 lies in its exemption from quota restrictions and waiting lists, which eliminates the need to compete with other applicants for a limited number of visas.
Additionally, while the application process still involves specific requirements, it is primarily focused on investment and job creation, simplifying the process compared to the bureaucratic complexity of the EB-2 VISA.
On the other hand, the EB-5 Program is not limited to a specific field of specialization, providing foreign investors with greater flexibility in choosing business projects that align with their personal interests and goals.
This flexibility allows applicants to explore a variety of investment options ranging from commercial real estate and infrastructure development to job creation projects, giving them the opportunity to diversify their investment portfolios and participate in the economic growth of the USA.
Important considerations before making a decision
As applicants explore the various options for obtaining a Green Card in the United States, it is crucial to understand the challenges and implications associated with each immigration pathway.
While the EB-2 VISA may offer a potential route for highly qualified professionals, its complexity and significant restrictions can make the process extremely difficult.
In contrast, the EB-5 Program provides a more direct and flexible option for those who have the ability to make significant investments in the U.S. economy.
However, before making any decisions, we strongly recommend that applicants seek specialist legal and financial advice to evaluate their individual circumstances and determine the best option for their unique situation.
Investing in BAI Capital is investing in the United States
With a presence in the real estate sector in the states of Florida, Texas and New York, BAI Capital specializes in generating value from the acquisition of land to the development of mixed-use projects, such as residences for the elderly, student residences, multifamily buildings. for rentals and mixed use, including condos and retail.
Currently, the company is developing Archer Place, a mixed-use real estate project with a Condo building for rent and residence for students (Student Housing), since it is located in front of the University of Florida, recently named the best state university in the world. country.
It is also located very close to the best hospitals in the state, ensuring an excellent future in terms of performance. Currently Archer Place has been listed by local authorities as one of the most anticipated projects in the city.
You already knew the complexities of the EB-2 Visa to obtain the Green Card in the US. If you are looking to protect your capital from inflation through investments with returns in dollars, or invest in projects that qualify for the EB-5 investor visa to get a Green Card, complete our form and an agent will contact you.
