Questions Regarding EB2 Visa

[Mesden 0]

I'm looking to apply for a Visa, but I've never done something like this before and am thinking of getting some legal assistance. With the EB-2 Visa, I basically need to prove that I am an artist of exceptional ability, which I believe I can, but I probably need to understand the laws and policies of the United States, since simply stating, "I believe I am an artist of exceptional ability because..." probably isn't enough and will likely cause my application to be rejected.

Is it more worthwhile to obtain legal assistance for this kind of matter if I have no understanding of immigration laws and policies? Or should I take a shot in the dark and try doing it myself? What are the benefits of obtaining legal aid in this case versus trying to do this myself?

[CEE53147 559]

You absolutely need an attorney. I do not think you even know the proper category in which to file.

[Mesden 0]

I'm aware of what the EB2 Visa is designated for, I'm an Actor so my line of work would fall under the EB2 Category. I'm not recognized enough to apply for the EB1, but I meet most of the criteria under the EB2... but why would you think an Attorney is better?

[Boiler 45,657]

Actor means you have an Agent who is hopefully well aware of moving their artists internationally and has contacts to get this done.

 

Have you looked at the O1?

[Mesden 0]

I haven't looked at the O1, but yes I have an Agent. The EB2 also has a Waiver, but I'm not sure how that works. I'm gonna have to look into the O1 as well.

[Boiler 45,657]

I am not sure you will take any notice, but you are unlikely to find many immigration lawyers acting, likewise you will not find many actors competent in what is a very complex area of law.

[Mesden 0]

Yeah, I'm not at all familiar with the whole immigration process. With these things, it's not like I'm talking to a friend or family member where they have compassion. There's no grey area in politics it's all black and white. There's a person on the other end looking at the application and cross-checking with their handbook to American immigration laws. I'm just trying to understand the differences between getting a lawyer for this thing or if it's more worthwhile to save the money and try to do this myself.

[Mesden 0]

Also, I wouldn't qualify for EB1 or O-1 because both of them require that I am nationally or internationally recognized, which isn't the case. EB-2 is slightly more relaxed.

[Boiler 45,657]

So who is sponsoring you?

[Mesden 0]

Well, the issue is that I don't have a Sponsor, which means I need some pretty specific facts to try and qualify for the Non-Sponsorship Waiver in that category.

[Mesden 0]

Basically, I know the requirements of the EB-2 and the National Interest Waiver, but I've never gone through this kind of undertaking before. I think if I do this myself, a Green Card Application would cost close to $1,000, whereas if I obtain legal aid on the matter, it would cost about $3800. I'm just trying to assess if the added cost is necessary or if it would be worthwhile to attempt to complete this process myself having no understanding of immigration law and policy.

[Boiler 45,657]

If you look at the total cost the amount involved is insignificant. Not sure how accurate those numbers are but accept legal representation will be more.

[IJJ 18]

We are applying for EB2-NIW and we do have legal rep to help. It is quite a lengthy process just on preparing the documents. It has taken us a good 3 months just to put everything together. We are using legal rep to help us with I-140 but we plan on doing I-485 later. After going through these couple of months, I think it is wise to have them. I believe and hope they know what they are doing. They help with making sure we have the right qualifications, all necessary documents, a good combination of recommenders and the adequate content of their letters etc.

 

Consult a couple of law firms and some provide free assessment of the eligibility of the applicant before any decision to be made. It is costly, but it should eliminate a lot of unnecessary stress and time if they do it right. 

 

All the best!

[IJJ 18]

8 hours ago, Mesden said:

Also, I wouldn't qualify for EB1 or O-1 because both of them require that I am nationally or internationally recognized, which isn't the case. EB-2 is slightly more relaxed.

EB2 is more relaxed than O1? How? 

 

I always think EB 1/2 are the most stringent than O visa.

[Mesden 0]

Looking at the requirements for O1 it looks like you would have to be an internationally recognized figure with an advanced degree from University