Immigrate to the United States legally and without a job offer: who can do it

Searching for a Better quality of life s growing opportunities Economic are the main reasons behind Argentines’ decision to emigrate to other countries. People with European citizenship often choose Spain, but those without dual citizenship often view the United States as an attractive place to try their luck.

But getting a job is the number one challenge in these cases, and often the main obstacle to settling down and staying abroad. Usually, a work or residence visa in United State Requires a job offer from that country and Business Certificate Issued by the Ministry of Labor.

However, the permanent residence (Green Card) through EB-2 National Interest Waiver Visa (NIW), it is presented as The perfect alternative for Scientific and technical specialists or specialistsIt does not require receiving a job offer or complying with the work certification process.

EB2 (NIW) visas are approved more quickly because the applicant does not need a work certificate. Photo: shutterstock

What is an EB-2 National Interest Visa?

The National Interest Waiver Visa acknowledges that you can Being in the “national interest” of the United States Waiver of the job offer and work certificate process for some foreign nationals. In these cases, the applicant can self-petition for an EB-2 (NIW) visa.

These visas often They are approved more quickly than standard EB-2 visas because the applicant does not need to go through the lengthy work certification process.

However, because USCIS often does more extensive scrutiny of these applications, any foreign national considering applying for an EB-2 NIW visa should first Consult a lawyer with experience in this type of visa.

Permanent residency with an EB-2 (NIW) visa is an alternative for science, technical or professional professionals.  Photo: Telam
Permanent residency with an EB-2 (NIW) visa is an alternative for science, technical or professional professionals. Photo: Telam

Who can access a US visa without a job offer?

According to the latest analysis by the law firms of Carla Anzaldi, a law firm that specializes in immigration regarding families, businesses, and employment in the United States, Three types of professions or areas of research With the largest number of applications for this type of visa are:

  • Health and treatment
  • Data Scientists and IT Professionals
  • Finance and Business
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“Since covid, There is more focus on granting this type of accommodation to the areas of health, business, information technology or security due to national priorities, and the changes that have occurred in these areas of work due to the pandemic.” Carla Anzaldian attorney specializing in immigration to the United States and founder of the law firms of Carla Anzaldi.

On the other hand, he explained that Average age of interested professionals In EB-2 between 30 and 60 years old. From Latin America, the app platform is headed by Brazil, Colombia, Argentina, Chile and Peru. Also, between 2019 and 2021, the percentage of EB-2 visas granted increased 40%.

In fact, this year the US government is encouraging qualified applicants to consider Apply for this type of visa Because there is an extraordinary amount EB-2 visa registration available.

The EB-2 (NIW) visa requires thorough documentation and a well-organized application for approval.  shutterstock pictures
The EB-2 (NIW) visa requires thorough documentation and a well-organized application for approval. shutterstock pictures

What are the requirements to access an EB-2 visa for the United States?

“One of the great benefits of this visa is that No job offer or sponsorship required From a company in the United States, as is usually the case. That is, the applicant can submit an application for himself. It also has a faster processing time,” Anzaldi added.

Anyway, be warned that although the EB-2 visa is in high demand, it is also in demand Requires extensive documentation And a well organized app for approval.

EB-2 visas are generally available to foreign nationals who have a advanced degree Or its equivalent in professional fields, or for those who have Exceptional ability in the sciences, the arts, business, or sports.

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For the purposes of obtaining an EB-2 visa, an advanced degree is present A degree above a university degree, or its foreign equivalent. Alternatively, a university degree combined with At least five years of progressive experienceSufficient to meet the requirements for an advanced degree.

To demonstrate exceptional ability, the applicant must have a Higher degree of knowledge to those common in your field.

How to Apply for an EB-2 Visa for the National Interest?

The The procedure for applying for an EB-2 visa In the national interest it can be done in both the United States and Argentina, provided through the embassy.

Starts online at Official Website From the US Department of Immigration, although some advice or assistance will likely be needed to implement due to the time that must be invested in the process and the requirements that must be submitted to obtain it.

How much does an EB2 NIW visa cost and how long does it take to process?

The Form I-140“Migrant Worker Petition” has a filing fee of 700 dollars.

then it Form I-485“Adjustment of Status Request”, costs between sh $ s 750 and 1140 dollarsAccording to the advanced age. There may also be an $85 biometric fee.

Finally, the Form DS-260 An invoice will be issued by the US Department of State upon approval of Form I-140 if consular processing is specified.

The Usual processing time For this type of visa 6 to 12 monthsbut can vary greatly depending on the number of cases that occur.

The government recently announced that it will soon be possible to transfer the registration fee of 2500 dollars For Form I-907 to access Outstanding treatment service. With this service, USCIS guarantees that your case will be processed within the scope of 15 calendar days Or the fee will be refunded.

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Meanwhile, to get Advice and support throughout the process from U.S immigration lawyer You will have to calculate the cost between $10,000 and $12,000.


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Aileen Morales

"Beer nerd. Food fanatic. Alcohol scholar. Tv practitioner. Writer. Troublemaker. Falls down a lot."

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