What Is The EB-2 Visa?

The EB-2 Visa Explained

In this article, you will discover:

• Important information regarding the EB-2 Visa
• How the filing process works
• How an attorney can help when filing for a visa

The EB-2 visa is an employment-based (EB) immigrant visa. If approved, the visa leads to lawful permanent resident (LPR) status. The second preference category (2) is the employment-based immigrant category reserved for applicants holding an advanced degree and is a member of certain professions. Also included are applicants that demonstrate exceptional ability or qualify for the national interest waiver.  Advanced degrees usually means a bachelor’s degree, a master’s degree, or a doctorate. In addition, the applicant must also demonstrate extensive work experience in their profession.

The Process For The EB-2 Visa Application

The EB-2 visa process begins with the filing of an immigrant visa petition, this petition can be filed either by the US employer or the applicant seeking EB-2 status in the case of the national interest waiver (self-petition). Once the petition is approved, the applicant can file an application of adjustment of status if they are in the United States or apply for an immigrant visa if they are outside of the United States.

How An Immigration Attorney Can Help Successfully Apply For An EB-2 Visa

The EB-2 application process can become complicated and onerous. Initial petitions are document-intensive, and every requirement is closely scrutinized by immigration officers. It may be prudent to seek the services of an immigration attorney to counsel and assist in the strategy and preparation of an EB-2 vis petition. An immigration attorney will be able to see possible weaknesses in a particular candidates application and offer solutions on how to present a strong petition. Moreover, in the case of the national interest waiver, an attorney may be able to guide a self-petitioning candidate to the correct resources to seek work and education evaluations.

The EB-2 National Interest Waiver Visa

The National Interest Waiver (NIW) is a sub-category of the EB-2 preference category. While a traditional EB-2 applicant would be a person that holds an advanced degree, possesses extensive work experience and has a US-based employer that will sign the EB-2 petition on their behalf, the NIW EB-2 applicant does not require a US- based employer. The traditional EB-2 petition also requires a foreign labor certification with Department of Labor. This foreign labor certification ensures that the US -based employer has conducted recruitment efforts to hire American workers and must be done prior to filing he petition. The NIW EB-2 self-petition does not require a foreign labor certification. In other words a qualified NIW EB-2 candidate can file a petition without a US-based employer and without a foreign labor certification.

The waiver of the labor certification and the US-based employer requirements is designed to encourage immigration of well-qualified applicants. The qualified applicant will be able to show their work will be in the national interest of the United States. The applicant will need be subject to additional requirements showing how an applicant’s work meets the national interest of the United States by creating work, working in specialized or critical fields. A qualified applicant will need to show their extensive work experience, business acumen as shown by past results, and educational or industrial credentials. International recognition, industry awards, publications or other evidence of important work experience is required.

While no offer of employment is required, a self-petition must show an itinerary of proposed activities an applicant will perform in the United States. These activities must be related to the applicant’s degree and experience and must show how they will lead to work or job creation. Infrastructure, food chain supply, transportation and logistics are examples of industries where work may be considered in the national interest.

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