Jump to content
Sign in to follow this  
MarkMartinovic

Eb-2 Visa Application

Recommended Posts

Does anyone have experience of applying for this type of visa. I would like to open an office in the US and apply for an immigrant visa. I have been running a successful consulting company in SA for 13 years and we work all over sub-Saharan Africa. We now want to open an office in the US servicing north and south America

Share this post


Link to post
Share on other sites

I'm no expert but not sure EB2 applies to you. Apart from the fact that you need a job offer from a US company, even if you open up an office to do this USCIS says:

 

"As DOL regulations prohibit the issuance of labor certifications in self-employment scenarios, an entrepreneur will generally be unable to file an EB-2 visa petition unless he or she qualifies for a National Interest Waiver (NIW) exempting the entrepreneur from the job offer requirement and, thus, the labor certification. Even if you are not self-employed, it may still be challenging for you to obtain a labor certification if you have a significant ownership interest in the company, if there is a familial relationship between you and the stockholders, corporate officers, incorporators, or partners, or if you are one of a small number of employees. If any of these factors apply, your employer must be able to demonstrate that a bona fide job opportunity exists such that the position is open and available to U.S. workers."

 

https://www.uscis.gov/eir/visa-guide/eb-2-employment-based-second-preference/employment-based-second-preference-eb-2-visa-general-requirements

 

 

It's generally exceedingly difficult to self-sponsor a visa other than EB5 or DV. You usually need a family member or a company with a job offer to petition for a visa for you, unlike other countries where you can apply for an immigrant visa on your own behalf.

Edited by SJ27

Share this post


Link to post
Share on other sites

Ok, thanks for that advice. What type of visa do you think I should apply for then. We're a small business so don't expect we will employ more then 4 or 5 locals in the first couple years. Would the multi-national executive be the better option, or what other category, or could you recommend a good immigration consultant/lawyer

Share this post


Link to post
Share on other sites

 

 

I personally believe the scenario you paint would be difficult to get a visa for. The US is wary of "back door visas" and it would be so easy for just about anyone to claim they are setting up a small business if this was a way to get visas. Not saying this is what you want to do but see it from their perspective. I do believe that the labor certification requirements quoted above are universal and not only applicable to EB2 but again I'm not an expert on this. I think you should probably at least have an exploratory talk with an immigration attorney to see what if any options are open to you under this circumstance. I've never used an immigration attorney so can't recommend one from personal experience but I believe Grant Kaplan (ex SA in the US) would have an initial email or phone chat for free. He advertises his services quite a lot so should be easy to find with a Google search.

Share this post


Link to post
Share on other sites

 

SJ27, on 21 Feb 2016 - 09:08 AM, said:

 

... I believe Grant Kaplan (ex SA in the US) would have an initial email or phone chat for free. He advertises his services quite a lot so should be easy to find with a Google search.

 

 

 

  • Like 1

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

×
×
  • Create New...