US has spare work visas and appeals for candidates

In January, the US government issued an unusual warning: “There are an exceptional number of work-based visas available this fiscal year (October 2021 to October 2022). We are committed to using them all. There are more visas available for Category 1 and 2 than pending cases. If you are eligible, please consider applying.”

The alert was made by Uscis, the US service that takes care of immigration and citizenship.

The notice mentioned two categories aimed at professionals with extraordinary (EB 1) or above average (EB 2) skills in various fields, such as science, art, education, business and sports.

There is a certain elasticity in the concepts of extraordinary ability, which makes room for professionals from various areas to apply (see more details on the process below).

Those who pass these processes receive a “Green Card”, as the permission to live and work in the US for ten years is called. The document can be renewed and opens the way to claim American citizenship.

The greater availability of visas is a consequence of the pandemic: each year, the US determines a quota of approvals. If the total is not used, the remainder is for the following year. As the pandemic has made it difficult to conduct interviews and reviews, there have been fewer approvals in the past two years.

As a result, around 280,000 green cards are expected to be offered for work reasons, double the average in previous years, according to a report released by the State Department. However, there is no guarantee that this number of grants will be reached.

The US faces a crisis of lack of professionals interested in working, which makes companies have to struggle to find workers.

In addition to the increase in green cards, the US government has sought to facilitate some processes, such as waiving the interview for some types of temporary work visas.

Since 2020, service stations have been closed for months or had reduced activities, which delayed the procedures. The US ended 2019 with 2.5 million applications in the queue (including all immigration processes), according to Uscis data – at the end of last year, that number was 8.84 million.

In fiscal 2021, 738,000 green cards were awarded, more than half (449,425) based on family ties. There were 178,498 EB visa petitions, of which 105,565 were approved. Brazil was the 5th country with the most approvals, totaling 1,650. In the period, there were 5,416 requests from Brazilians in this category, and many are still pending analysis.

The progress of this queue follows complex rules: immigrants from the same country cannot represent more than 7% of the total number of green cards granted per year. Thus, people of Mexican, Indian and Chinese origin tend to stay in line much longer.

Professional can apply for EB visa on their own, without company sponsorship

The time between opening the process and obtaining the document, in the case of options EB 1 and 2, has been around one year, according to visa advisors.

“It used to take between six and eight months. Now, it takes between eight and 14 months. And we haven’t seen much difference in time between those who apply while in the US or abroad”, comments Felipe Alexandre, immigration attorney at AG Immigration.

“Professionals from fields such as IT, engineering and healthcare professionals are the ones that have had the most frequent approval. It’s as if the US is rolling out a red carpet for them”, comments Paula Kasparian, director of marketing at D4U office.

A differential of the EB 1 and 2 categories is that the interested party does not need to have a US company as a sponsor of their visa and can apply on their own. You must meet at least three out of seven requirements, through documents and letters of recommendation, that show above-average capabilities.

Immigration advisors help applicants organize documents, obtain letters of recommendation and find positive points to highlight.

The consultancy can cost more than $15,000, not including official translations and US government fees. The average total spend for an EB 2 application is around US$ 20,000.

“I did several interviews with the immigration office that handled my case. They ended up discovering that I was the biggest producer of children’s Christian content in the world”, comments Samuel Mizrahy, 46, creator of the 3 Words project, which totals 6.4 million YouTube subscribers, and obtained an EB 1 visa. He lives in Orlando, Florida, where he is also an evangelical pastor.

Another Florida resident, Rodrigo Nascimento, 29, an MMA fighter known as Zé Colmeia, obtained an EB 2 visa with the help of letters of recommendation from famous UFC fighters such as Rodrigo Minotauro and Júnior Cigano.

He got a response to the request in about ten days, and received the document after six months.

Nascimento opted for Premium Processing, a kind of official skip-the-line. For an extra fee of approximately US$2,500, the request will be responded to within 15 business days.

Tatiana Fernandes, 41, took three years and four attempts to get approved.

The first time, in 2016, he sought help from a lawyer who has a YouTube channel. He tried to fit her into the L1 category, as a businesswoman who wanted to open a branch in the US, but the request was denied twice.

Fernandes, who works with foreign trade, then looked for another lawyer, who advised her to leave the US in a hurry and return to Brazil to try the process from abroad.

“I had to close the company, break rent and house contracts. And after I left the US, the lawyer started to take a long time to answer me. I thought it was a bad sign”, he says. The request was denied again, after 11 months of waiting.

Anyone who applies for a green card while in the US needs government authorization to leave the country while waiting for the process to be analyzed. This authorization may take some time to come out. Disrespecting the rule leads to the cancellation of the process.

“The emotional damage was much greater than the financial one. My father died while waiting for a request to be answered, and I had to choose between going to the funeral or going ahead with the process”, he recalls.

Fernandes got the document only on the fourth attempt, in 2019, when trying in the EB 2 category. It took three months to obtain the work permit and another four months until the green card.

Today, she works as a logistics manager for the industrial sector in Milwaukee, Wisconsin, and has been dealing with the US labor shortage across the table.

“There are a lot of job openings, and I almost have to beg people to come work with me. All industries have giant signs in front of them, offering vacancies”, he comments.

Gilvaneide Lins, 38, has a postgraduate degree in administration and obtained an EB 2 visa last year. Shortly after, she found out she was pregnant and took time off from the job market to have the baby.

“Even without looking, I keep getting emails and calls from companies offering jobs,” says she, who lives in Mason, Ohio. “There is a great lack of skilled labor.”

Understand the US visa process

What does it take to work in the USA?

Foreign citizens must have a visa that authorizes them to work. There are two categories: non-immigrant (temporary, usually with restrictions) and immigrant (residence permit, with access to more rights). The two types fall into several categories.

What is the green card?

It is the nickname of the immigrant visa, which allows you to live, work and be served by public and financial services in the USA.

How to get a green card?

The most common paths are through family ties with a US citizen or through work. Direct relatives, such as a spouse or children of Americans, are entitled to the document. In the case of work, there are five main categories:

• EB 1: professionals of extraordinary ability in their areas of expertise.
• EB 2: above-average professionals who stand out in their areas of expertise.
• EB 3: for foreigners who received a job offer from a US company
• EB 4: includes religious leaders and U.S. Armed Forces collaborators
• EB 5: for investors planning to create companies in the US

What are the criteria for “extraordinary ability” and “above average”?

EB 1:

Meet at least 3 of the 10 items below:

1. National or international awards for excellence
2. Participate in entities that bring together members who have accomplished great things
3. Having been featured in reports in renowned publications
4. Have been invited to evaluate works in your area
5. Have made significant contributions to your area of ​​expertise, whether scientific, academic, artistic, sports or business
6. Have published articles in your area of ​​expertise
7. Having had their work displayed at exhibitions or events
8. Have served as a leader or other important role in important organizations
9. Have an above-average salary in your field
10. Having had commercial success as an artist

EB 2

Meet at least 3 of 6 requirements:

1. Academic degree in the field
2. At least ten years of experience in the area
3. Have a license to work in your area
4. Have received salaries above the average for your profession
5. Be a member of a professional association
6. Have received recognition, such as awards and honors for having contributed to the advancement of the area or for exceptional results

How to order?

It is necessary to attach documents that prove that the interested party is entitled to the document. The request can be made by those who are inside or outside the US, on their own or with the help of an immigration advisor.

How long it takes?

The process can take a few months or a few years, depending on the category. the EB

How much does it cost?

US government fees are around $3,000. You may also need to pay for official translations of documents. If you choose the help of immigration advisors, the total expense can be around US$ 20,000.

Can I order without leaving Brazil?

Yes.

Can I work in the US while waiting for a green card?

It is possible to apply for a work permit while waiting for the analysis. However, the endorsement can take months to come out.

Where do I get more information?

At https://www.uscis.gov/ (there are contents in several languages).