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Brown Immigration Law offers help to both employers and employees looking to file for an EB-2 visa in the United States. With multiple offices located in Florida, North Carolina, and Ohio, our firm can offer efficient, practical guidance when immigration challenges arise. We understand the common issues that prospective or current immigrants and their employers face and are ready to assist you with all of them. With over ten decades of combined immigration law experience, our firm is ready to match you with the best immigration attorney for your needs.
Who Is Eligible for an EB-2 Visa?
EB-2 visas are “second preference” employment-based immigration, after an EB-1 visa. However, they are still difficult to obtain for many applicants, because they require that the candidate possess either an:
- Advanced Degree
- Exceptional Ability
What Is a National Interest Waiver?
An EB2 national interest waiver removes the need for a specific job offer from your employer, and therefore the labor certification step of applying. National interest waivers are highly subjective, and are determined on a case-by-case basis from United States Citizenship and Immigration Services (USCIS). Applying for one requires you to show that waiving the specific labor certification is in the national interest of the United States. USCIS has published three-prong guidelines that guide their decision making when it comes to awarding a national interest waiver. They are:
- Evidence that your endeavor has substantial merit and national importance;
- Evidence that you are well-positioned to advance your endeavor; and/or
- On balance, it would be beneficial to the United States to waive the job offer and thus the permanent labor certification requirements.
A good immigration lawyer can help you craft a narrative that illustrates that your case qualifies for all three prongs of applying for a national interest waiver. Examples of strong cases might be entrepreneurs or inventors who can demonstrate considerable economic impact linked to their businesses or inventions or those who can illustrate that their degree or qualifications are in the interest of national security or US competitiveness abroad.
It is not enough to show that your prospective employer will benefit from your skills, expertise, or advanced degree. For instance, even a software engineer who qualifies for an EB2 visa may not be able to receive a national interest waiver if they cannot show that applying their skills has a broader benefit than just coding for a new US-based employer. On the other hand, if they can illustrate that their expertise will benefit cybersecurity national interests, they may be able to apply for a waiver of the labor certification. Brown Immigration Law can guide you through the process of applying for a national interest waiver if applicable.
What Are the EB-2 Visa Requirements?
To qualify for an advanced degree EB-2 visa, an applicant must be able to provide their official academic record and/or letters from prior employers. Under current US immigration law, an advanced degree is considered any above a bachelor’s from a US academic or professional academy or a foreign equivalent institution. Alternatively, a US bachelor’s degree or foreign equivalent followed by at least five years progressive experience in the same specialty may be considered as well. It is important to note that your labor certification or qualifying waiver must be in the same field as your advanced degree. For instance, someone with a PhD in STEM might qualify, but not if they do not plan to pursue this same field once admitted to the United States.
Exceptional ability is more difficult to define, but there are several criteria offered to applicants who wish to apply for an exceptional ability EB-2 visa. You must meet at least three of the criteria in order to demonstrate exceptional ability in the sciences, arts, or business and qualify for an EB-2 visa. Examples include an official academic record showing a degree, diploma, or certificate, letters from current or former employers that document at least 10 years full time experience in the field, evidence of high salary or remuneration, licensing to practice, awards or recognition from peers, and more. Exceptional ability applicants can benefit from the help of an immigration law firm as USCIS allows for “comparable evidence of eligibility.” Our firm may be able to advise you about additional methods to document your eligibility as well as supplemental records that can strengthen your claim.
Requirements for Workers
EB2 visa petitions are filed through a US based employer or solo for those who can qualify for a national interest waiver. You will need to supply your official academic transcript as well as letters from prospective employers, peers, or recommenders. If you are applying as a candidate with exceptional ability, you will need to meet at least three of the above criteria and provide clear documentation that supports your claim.
Requirements for Employers
Employers may sponsor a foreign employee without needing to prove that there are not qualified US-born candidates for the role. However, you will need to prove that the position offered requires an advanced degree in the applicant’s field in order to sponsor an EB-2 candidate for the role. Employers must file the Immigration Petition for Alien Workers and provide supporting documentation as well as pay all applicable fees.
About Labor Certification for the EB2 Visa
Under Schedule A, the Department of Labor does not need to provide labor certification for certain professions that might qualify for an EB2 visa. This is because the DOL has already identified labor shortages in these areas in the United States. Which professions may qualify for a waiver of labor certification is subject to change. Currently, Group I includes professional nurses and physical therapists. Group II under Schedule A includes college and university teachers and performing artists with exceptional ability. Additionally, labor certifications are not necessary when a petitioner qualifies for a national interest waiver.
What Is the Average EB-2 Processing Time?
The average processing time for an EB2 visa is 6 to 15 months. Premium processing is available for $2,500 for a 45 day turnaround.
How Much Does an EB-2 Visa Cost?
The USCIS form to apply for an EB-2 visa is $715, with additional biometric fees, medical exam fees, translation services if necessary and more. However, there may be other legal fees, costs, and additional filing expenses that apply to your case.
How Our Immigration Lawyers Can Help With EB 2 Visas
At Brown Immigration Law, our attorneys can help with every step of applying for an EB 2 visa, including appealing a denial or meeting a request for further documentation. Our firm helps employers access the best possible candidates regardless of immigration status. We also aid individuals who are seeking to apply with a national interest waiver. Our firm can ensure that all documentation is within compliance, meets USCIS regulations, and is filed on time and correctly.
Do You Have an EB-2 Visa Lawyer Near Me?
Brown Immigration Law maintains offices in Cleveland, Columbus, Raleigh-Durham, Tampa, and Orlando. We serve clients nationwide and are available for a consultation about your EB-2 visa, national interest waiver, green card, appeal, or any other immigration issue that you might encounter.
Contact Brown Immigration Law for Help with EB-2 Visas
If you need help with an EB-2 visa, contact Brown Immigration Law. Our US immigration attorneys are available online as well as by phone at 888-861-4414. From our offices in Florida, Ohio, and North Carolina, Brown Immigration Law is available to serve clients nationwide.
