EB-2 Immigration Attorney in New York City

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EB2 Visa Program

The EB2 Visa is designed for foreign nationals who possess advanced degrees, exceptional abilities, or exceptional skills in the sciences, arts, education, business, or athletics. It provides an avenue for individuals with significant expertise to obtain U.S. permanent residency.

Key Categories of the EB-2 Visa

EB-2(A): Advanced Degree Professionals

The EB-2(A) category is for foreign nationals with advanced degrees or their equivalent. This includes individuals with master’s degrees, doctoral degrees, or a bachelor’s degree with at least five years of progressive post-bachelor’s degree experience.

EB-2(B): National Interest Waiver (NIW)

The EB-2(B) category allows individuals with exceptional abilities or expertise in their field to petition for a national interest waiver, bypassing the labor certification process.

Eligibility Criteria for the EB-2 Visa

Advanced Degree Professionals (EB-2(A))

To qualify for the EB2(A) category, individuals must hold an advanced degree or its equivalent and demonstrate that their work is in the national interest of the United States.

National Interest Waiver (EB-2(B))

EB2(B) applicants must demonstrate exceptional abilities in their field, a record of significant achievements, and propose work that is of substantial benefit to the United States, warranting a national interest waiver.

Benefits of the EB-2 Visa

Priority Date Advantage

EB-2 Visa applicants enjoy a priority date advantage, as there are more visa numbers available compared to the EB-3 category, resulting in potentially faster processing times.

No Labor Certification Requirement for NIW

The EB-2(B) category, with the National Interest Waiver, eliminates the need for labor certification, streamlining the application process for individuals with exceptional abilities.

Inclusion of Dependents

EB-2 Visa holders can include their spouses and unmarried children under 21 in their green card application, providing them with the same benefits.

Application Process for the EB-2 Visa

Labor Certification (EB-2(A))

For the EB-2(A) category, the employer must first obtain a labor certification from the U.S. Department of Labor (DOL), confirming that there are no qualified U.S. workers available for the position.

Form I-140: Immigrant Petition for Alien Worker

Once the labor certification is approved, the employer files Form I-140, the Immigrant Petition for Alien Worker, with the USCIS to establish the employee’s eligibility for the EB-2 visa.

National Interest Waiver (EB-2(B))

For the EB-2(B) category, applicants can file Form I-140 with a request for a national interest waiver. This involves demonstrating their exceptional abilities and the national interest value of their work.

Adjustment of Status or Consular Processing

Once the I-140 petition is approved, applicants can adjust their status if already in the U.S. or undergo consular processing if abroad.

Maintaining EB-2 Visa Status

EB-2 Visa holders must maintain their eligibility by continuing to work in the field for which their visa was granted. Changing employers may be possible but requires additional USCIS approval.

Need a EB2 Visa Lawyer?

Our expert is here to assist you. Specializing in EB2 immigration law, they have a successful history in handling EB2 visas, ensuring your unique skills are acknowledged. We understand the value of your dreams and are committed to providing you with the best legal support. Our EB2 immigration attorney is dedicated to making the immigration process straightforward and stress-free for you.