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Immilawyers.com
Gateway to the U.S.A.

Immilawyers.com Gateway to the U.S.A. Immilawyers.com Gateway to the U.S.A. Immilawyers.com Gateway to the U.S.A.

561-459-7207

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Eb-2 Visa Lawyers

Find out more

EB-2 Visa / Green Card Option

You may qualify for an EB-2 visa, if you are an alien of exceptional ability or if you have an advanced degree or its foreign equivalent.EB-2 visas are categorized into the three following methods: the advanced degree method (EB-2A), the exceptional ability method (EB-2B), and national interest waivers (EB-2C).Contact an immigration lawyer at our office to see how we can prepare and file your EB-2 visa case.

 

1. EB-2 Visa Advanced Degree Method


The position that you are applying for in the United  States must    required an advanced degree and you must provide evidence of your     advanced degree or its equivalent. A baccalaureate degree and five years    of  experience in your field will suffice for EB-2 purposes as well. 


Required Documentation of the EB-2 Advanced Degree Category EB-2(A): 

  • equivalent. You may need to get your  foreign degree evaluated by a U.S. corporation
  • Or you may show that you have a  baccalaureate degree or its U.S.    equivalent, and provide letters from your  current employer verifying    that you have at least 5 years of experience in your  area of  expertise 


2. EB-2 Exceptional Ability Method EB-2(B)


You must provide evidence of your exceptional  ability in the arts, sciences, or business.


Required  Documentation: EB-2 “Exceptional Ability” category:
 

You must provide evidence of at least three of the  following:

  • At least 10 years of experience in your  full-time profession
  • A valid license to practice your  profession or any professional certification
  • A salary that reflects your exceptional  ability in your field
  • Membership in professional organizations  or associations
  • At least 10 years of experience in your  full-time occupation
  • An official academic record showing the  highest degree that you    have obtained from an college, university, or institute  of higher    education and accompanying documentation of its equivalency in the     United States 
  • Recognition for your substantial  contribution to your profession    or field of work by other professionals,  organizations, or government
  • Other types of evidence relating to the  above points are also accepted


3. EB-2 National Interest Waivers EB-2(C)


Foreign nationals that can provide evidence of their  exceptional    ability, may obtain a visa without completion of the labor     certification process. Labor certification is waived if the foreign    national  can show that their employment in the United States would    greatly benefit the  country, and that it is in the interest of the    United States to allow the  foreign national entry to work in the    country. Foreign nationals that qualify  for a National Interest Waiver    do NOT need a U.S. employer to sponsor them and  may self-petition and    file labor certification with the USCIS with their form  I-140  petition   for Alien Worker. 

You must meet at least 2 off the following requirements to qualify as an EB-1 Outstanding Professor or researcher: 

  • Provide evidence of major prizes or  awards that you have received 
  • Provide evidence of your membership in  associations related to your field which demands excellence and great  achievement 
  • Provide evidence of any published  material in professional    publications written by others in your field of  expertise about your    work 
  • Provide evidence of your authorship in  any published material in professional publications or scholarly books or  journals 
  • Provide evidence of any substantial  research or scholarly contributions to your field of expertise 
  • Provide evidence of your participation  as a judge of any scholarly or research material in your field of expertise 


National  Interest Waiver Requirements: In order to qualify you must provide evidence of  at least three of the following:


  • At least 10 years of experience in your  full-time profession
  • A valid license to practice your  profession or any professional certification
  • A salary that reflects your exceptional  ability in your field
  • Membership in professional organizations  or associations
  • At least 10 years of experience in your  full-time occupation
  • An official academic record showing the  highest degree that you    have obtained from an college, university, or institute  of higher    education and accompanying documentation of its equivalency in the     United States 
  • Recognition for your substantial  contribution to your profession    or field of work by other professionals,  organizations, or government
  • Other types of evidence relating to the  above points are also accepted


3. EB-1 Multinational Manager or Executive


To Qualify for an EB-1 visa through the  “multinational manager or    executive” category you must have at least one year  of experience in    your position and must have had this experience in the  preceding 3    years. You must be entering the United States in order to continue     working for the firm or corporation in which you had had at least a year    of  experience with as a multinational manager or executive.


Requirements of the Employer:


Your employer must be a U.S. employer that has been  doing business  for   at least one year. Your employer must be a subsidiary,  affiliate,  or   the same corporation that you were employed by abroad. 


EB-2 Visa Application Process

  • Your employer must file an I-140  Petition for Alien Worker 
  • Generally, you must include an approved  labor certification from  the Department of Labor on Form ETA-750 (except in national interest  waiver cases)


EB-2 Visa FAQ


Can  I bring my husband or wife and dependent children with me to the United States  while on an EB-2 visa?


Yes, you may bring your spouse and dependent  children under 18 years    of age with you. Your spouse will be given E-21 status,  while your    dependent children will be given E-22 status.


After  I apply for permanent residence, can my spouse file for employment  authorization?


While applying for permanent residence while under  an EB-2 visa,    your spouse may also file for employment authorization by filing  the    Employment Authorization Document (EAD). 


Are  there any travel restrictions will on an EB-2 visa? 


There are no travel restrictions while on an EB-2  visa. The    Department of State does not limit the number of times you may enter or exit the United States. 


What  can I do if my EB-2 I-140 is denied? 


You may re-file your I-140 if you can provide the  USCIS with new    information, otherwise you can file Form I-290B, Notice of  Appeal with    the required fees at your USCIS service center with jurisdiction  over    your region, within 33 days of receiving the denial notice. 

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