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Call us today at (818) 238-9444, so that we can answer your questions, provide initial consultation on your immigration matter, assess how we can help you or can point you in the right direction as you take on this important and life-changing pursuit.
Rebecca I. Pathak
Who is Eligible for EB-2 Visas
Employment-Based Immigration: Second Preference EB-2
You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability. Below are the occupational categories and requirements:
- “Advanced Degree” The job you apply for must require an advanced degree and you must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field)
- “Exceptional Ability” You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”
- “National Interest Waiver”Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the nation. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.
Those qualifying for EB-2 work visas and permanent resident status are not seasonal or temporary workers.
What is the Process to Obtain an EB2 Green Card & Permanent Resident Status?
- Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
- Letters documenting at least 10 years of full-time experience in your occupation
- A license to practice your profession or certification for your profession or occupation
- Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
- Membership in a professional association(s)
- Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
- Other comparable evidence of eligibility is also acceptable.Note: Employment-based, second-preference petitions must generally be accompanied by an approved individual labor certification from the Department of Labor on Form ETA-750. Please see the Department of Labor’s “Foreign Labor Certification” page for more information.To qualify for an EB-2 visa, your employer must file a Form I-140, Petition for Alien Worker. For more information about filing, see the “Forms” page.
Family of EB-2 Visa Holders
Your spouse and children under the age of 21 may be admitted to the United States in E-21 and E-22 immigrant status, respectively. During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD).The petition should determine which of the 10 criteria the alien
What evidence do you need for the EB-2 Green Card?
- Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.
- You must demonstrate that it is in the national interest that you work permanently in the United States.
- Multinational Manager or Executive: Your employer must file USCIS Form I-140, Petition for Alien Worker.
Where to Begin?
As you undertake the often demanding and emotional process of obtaining an EB-2 green card and permanent resident status, it can be tremendously helpful to receive specialized guidance and assistance. At Pathak Law Firm, serving the LA area and clients across the globe, we’re here to provide caring, knowledgeable help from start to finish.
Call us at 818-238-9444 to schedule a consultation!