EB-2 Visa: A Pathway for Exceptional Professionals and Advanced Degree Holders
The EB-2 Immigrant Visa is an employment-based, second-preference green card category. The EB-2 visa category encompasses three pathways: Advanced Degree Professionals, Individuals with Exceptional Ability, and the National Interest Waiver (NIW).
While the first two typically require a permanent, full-time job offer from a U.S. employer and a PERM labor certification confirming the unavailability of qualified U.S. workers for the position, the NIW applicants can request a waiver of the job offer and labor certification requirements.
EB-2 Advanced Degree Professionals
The EB-2 Advanced Degree Professionals applicants should hold an advanced degree (master's or higher) or a bachelor's degree plus at least five years of progressive post-baccalaureate experience in the field.
EB-2 Individuals with Exceptional Ability
The EB-2B Individuals with Exceptional Ability visa is for applicants who have no advanced degree but can demonstrate exceptional ability in the sciences, arts, or business, indicating a degree of expertise significantly above that ordinarily encountered in the field.
In order to show exceptional ability, the applicant need to satisfy at least three of six USCIS criteria:
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Academic credentials related to their field.
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At least 10 years of full-time experience.
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Professional licenses or certifications.
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Recognition for achievements.
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Membership in professional associations.
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A salary that reflects their exceptional ability.
EB-2 National Interest Waiver (NIW)
This pathway offers greater flexibility by allowing self-petitioning (no job offer or employer sponsorship ) and waiving the labor certification requirement.
To qualify, applicants must possess an advanced degree or demonstrate exceptional ability in their field. Meanwhile, applicants must demonstrate that their proposed work has substantial merit and national importance, that they are well-positioned to advance this work, and it would be beneficial to the United States to waive the job offer and thus the permanent labor certification requirement.
This pathway is particularly advantageous for professionals in fields such as science, technology, engineering, mathematics (STEM), healthcare, education, environmental science, and entrepreneurship.
Our EB-2 Visa Legal Support – From Start to Green Card
The EB-2 visa category offers two primary pathways to U.S. permanent residency: the traditional PERM-based process and the National Interest Waiver (NIW). Our law firm provides comprehensive support for both routes, ensuring a streamlined and effective application process tailored to your unique qualifications and goals.
Step 1: PERM Labor Certification - Apply to traditional PERM-based EB-2 Visa
Our firm assists the employer in obtaining the required labor certification from the U.S. Department of Labor, demonstrating that no qualified U.S. workers are available for the position.
The PERM labor certification process comprises three critical sub-steps:
1. Prevailing Wage Determination (PWD)
We collaborate with employers to define the job title and description accurately. Our team will submit a prevailing wage request to the U.S. Department of Labor (DOL), ensuring the offered wage meets or exceeds the standard for the specific role and location.
2. Recruitment Process
Our firm guides employers through the mandatory recruitment steps, including crafting compliant job advertisements and advising on appropriate recruitment channels. We ensure that the recruitment process effectively tests the U.S. labor market, adhering to DOL regulations.
3. Filing ETA Form 9089
We prepare and submit ETA Form 9089 to the DOL, ensuring all information is accurate and aligns with regulatory requirements. Our attention to detail minimizes the risk of errors or omissions that could lead to delays or denials.
Step 2: Petition Preparation and Filing
For Traditional PERM-based EB-2 Visa
After securing PERM Labor Certification, our firm assists employers in filing Form I-140, the Immigrant Petition for Alien Workers, with U.S. Citizenship and Immigration Services (USCIS).
We ensure that the petition effectively demonstrates the beneficiary's qualifications and the employer's financial ability to pay the offered wage, aligning with USCIS requirements.
For National Interest Waiver (NIW) Applicants
We begin by evaluating your qualifications to determine eligibility for the NIW and develop a tailored strategy that effectively demonstrates how your work serves the national interest of the United States.
Our team assists in gathering and organizing all necessary documentation, ensuring each piece aligns with USCIS requirements and supports the strength of your case. We will draft a compelling attorney explanation letter that clearly articulates the nuances of your case, addressing any complexities or unique circumstances.
Finally, we prepare and submit all required forms and petitions promptly and accurately, streamlining the process for a successful outcome.
Step 3: Adjustment of Status or Consular Processing
Once your I-140 petition is approved, our firm provides comprehensive support for the final phase of your green card journey.
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Priority Date Monitoring: We continuously track your priority date and notify you when it becomes current, ensuring timely progression to the next step.
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Adjustment of Status (AOS): If you're in the U.S., we assist with preparing and filing Form I-485, guide you through the biometrics appointment, and prepare you for any required USCIS interviews, ensuring all procedures align with current regulations.
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Consular Processing: If you're abroad, we coordinate with the National Visa Center (NVC) and the appropriate U.S. embassy or consulate, assisting with document submission, interview preparation, and visa issuance procedures.
Our dedicated team ensures that each step is executed with precision, providing clear guidance and support until you receive your green card.
🔍 Additional Resources
🔗 EB-2 Eligibility: Click here to learn more.
🔗 Visa Bulletin: Click the latest Visa Bulletin to see priority date movement and green card availability.
🔗 Case Status: Click here to check the status of your case online using your USCIS Receipt Number.
🕒 Processing Times: Click here to check current USCIS processing times.
📦 Address Changes: All non-immigrants and permanent residents are required to notify USCIS of any address change within 10 days of moving. Click here to create an account and submit your change of address online.
