The EB-2 category is a common pathway for highly educated foreigners to obtain an employment-based permanent U.S. visa. Those who qualify for EB-2 status are given preferred consideration.. The EB-2A subcategory specifically targets those with advanced degrees and a valid U.S. employment offer.
If you are interested in learning whether an EB-2 visa is right for you, contact Tucker, Nong and Associates right away. Our EB-2 visa lawyers can help you understand your situation and help you file for your EB-2 visa
EB-2 Immigrant Visas for Educated and Talented Candidates
The EB-2 visa has two specific forms. The two forms are the EB-2A visa and EB-2B visa. This page will provide useful information on each.
EB-2A Visa Requirements
A candidate for EB-2A must first be offered a job by a U.S. employer, and that employer must then seek certification from the U.S. Department of Labor that there was a proper recruiting process and that no Americans were both qualified for the job and willing to take it. The candidate also must possess an advanced degree: Ph.D., Master’s, law degree, M.D., etc., unless the USCIS (U.S. Citizenship and Immigration Services) considers that the applicant has accrued five years or more experience that is equivalent to such a degree.
Advantages of EB-2A Visas
The green card process can be quicker for EB-2A applicants than for other employment-based petitions. Since the number of people who satisfy the criteria is small and the quantity of this type of visa is capped by law, there is less of a waiting time.process. Many times, the visa is obtained years earlier than expected.
Difficulties in Obtaining the DOL Certification
The employer must list the minimum job requirements, and must include in those requirements the advanced degree or equivalent experience that the USCIS requires for EB-2A visas. The employer must be prepared to demonstrate the necessity of such requirements as well and that no willing Americans could meet them. The candidate also must have met the requirements before the employer files with the DOL and generally before ever working with the employer. Further, if the five years’ experience comes into play, it will be required that it was gained after completing the degree.
National Interest Waivers and EB-2B Status
A national interest waiver may allow EB-2B status. This benefit can be in a variety of areas: cultural, economic, educational, artistic, etc, but it must be of a “national scope” rather than state or local. It will have to be shown that the field of endeavor the immigrant will engage in after entering the U.S. has “intrinsic merit” to it and that U.S. national interests will be benefited more than if one already a U.S. legal resident were to take the position.
How we can help you
Understanding EB-2 visas can be very difficult and it is a wise decision to seek assistance from an experienced EB-2 visa lawyer.
The EB-2 visa lawyers at Tucker, Nong and Associates have many years of experience with the EB-2 visa process. We know what it will take to get you an EB-2A or EB-2B vis. Having a good immigration lawyer can help speed up the filing process your petition and ensure the best result possible. If you are interested in obtaining an EB-2 visa, contact us today for a consultation. Our #1 priority is to help you reach your goal. Don’t wait, contact us immediately.