An EB-2 green card attorney at Hayoon Kane Law Firm, PLLC, can explain the visa category and help you file an application with the USCIS.
What Is the EB-2 Green Card?
The EB-2 visa is a type of green card that allows certain skilled professionals to enter the United States. They have lawful permanent resident status, and they can live and work in the country. This type of visa category is for individuals who have advanced degrees or exceptional abilities. If you can meet the requirements for either of these two categories, you can qualify for a visa. Because of the criticality of your skills, you may even be able to bypass the labor certification requirement. An EB-2 visa may even have a quicker processing time and a higher preference level than other types of business visas.
The EB-2 visa category may apply to the following types of professionals:
- Doctors
- Lawyers
- Engineers
- Scientists
- Academics
Categories of EB-2 Visas
There are three primary categories of EB-2 visas:
- Advanced Degree: You may qualify for a visa based on your academic credentials. The advanced degree is beyond that of a bachelor’s degree. You can qualify for this category of visa if you have the equivalent of a bachelor’s degree and five subsequent years of experience in your field. You need to have a specific job offer in a professional occupation. Your employer will need to sponsor you for the visa, and they must first obtain a labor certification from the Department of Labor.
- Exceptional Abilities: Here, you need to prove that you have exceptional abilities in the areas of science, arts, or business. Your expertise must be significantly above that of others in your field. You will be responsible for presenting evidence that shows you meet this criteria.
- National Interest Waiver: It may be possible for you to apply for a visa in the EV-2 category on your own and without employer sponsorship. If you can show that you have an advanced degree or exceptional abilities and that your work will benefit the United States, you may not need to obtain a labor certification from the Department of Labor. This may be your quickest pathway to an EB-2 visa, although there are strict criteria that you must meet to qualify.
How to Apply for an EB-2 Visa
The first step that your employer will need to take (assuming that you are not applying under the national interest waiver category) is to obtain a labor certification from the Department of Labor. The DOL will review the application and determine whether there are United States workers who can potentially fill the position and whether your employment will have an adverse effect on the wages and working conditions of American workers. Your employer will need to obtain this certificate before they can submit an actual petition to USCIS for the visa.
Once your employer has received the certification from DOL, they will file a Form I-140 to sponsor you for the EB-2 visa. This form is accompanied by supporting documentation that shows that you meet the criteria for the visa. Supporting documentation can include the following:
- Certificates or diplomas that show your credentials and exceptional abilities
- Documentation from prior employers that show your work skills and abilities
- Letters of recommendation from experts in your field
- Honors that you have received for professional achievements
- Publications that you have authors
If you are filing for an NIW visa, you can skip the step of seeking Department of Labor certification. You can also file your own petition without having an employer do it for you. You will typically include documentation similar to that which you submit for the other types of EB-2 visas. The additional documentation must show why your visa is in the national interest. USCIS will need to determine that admitting you to the country outweighs the need to seek a labor certification.
How Long Does it Take to Get an EB-2 Visa?
The amount of time it will take to obtain the EB-2 visa depends on the category under which you are applying. Of course, if you need a labor certification from the Department of Labor, it can add 6 to 12 months to the process. Once you have the certification, it can take an additional 4 to 10 months to obtain your visa. However, USCIS offers expedited processing for an additional fee. They can make the decision on your visa petition in as little as 15 calendar days after your employer has submitted the petition. Thus, an employer needs to always be prepared to file the visa petition as soon as they hear back from the DOL regarding the labor certification, provided they are willing to pay the additional processing fee.
Common Challenges in the EB-2 Process
You may face a number of potential pitfalls in the visa application process that you need to be prepared to address. These challenges may include:
- Questions about your specific qualifications and abilities that allow you to meet the category’s requirements
- Difficulties obtaining documents from a foreign country and their acceptability to a USCIS case officer
- Requests for evidence, when the USCIS case officer has specific concerns or needs additional information regarding the application
- Problems with your employer sponsorship or job offer
An experienced advanced degree green card attorney can help you address these challenges as they arise. They can communicate with USCIS on your behalf and help prepare responses to requests for evidence.
Even more important, working with an EB-2 visa lawyer may even keep some of these challenges from arising in the first place. An EB-2 advanced degree visa lawyer has the experience necessary to anticipate many of these difficulties. They are also well aware of USCIS’s current priorities and the issues they may be raising regarding applications. Preparing a thorough and well thought-out application package can increase the chances of approval, and an EB-2 visa lawyer can take the lead.
The Differences Between EB-2 Visas and Other Employment-Type Visas
There are some key differences between an EB-2 visa and other types of visas in the EB category that may make you want to consider an EB-2 visa.
An EB-2 visa is more broadly accessible than an EB-1 visa. There are more people who can qualify under the EB-2 category. USCIS is known to apply much more selective criteria to an EB-1 visa applicant. However, unless you are seeking a visa under a National Interest Waiver, you need an employer to sponsor your petition. You cannot apply for an EB-2 visa on your own. In addition, there will likely be a longer processing time because you need to obtain a labor certification from the Department of Labor. You need this certification before your employer can then submit a petition to USCIS.
An EB-2 visa has a higher preference category than an EB-3 visa. These visas are typically granted on a more expedited timeframe, and there is less of a chance that you may face a backlog because of the strict caps on EB-3 visas (although there are still caps on the total number of EB-2 visas. If you come from a country that has a high demand for visas, you may want to consider an EB-2 visa because the waiting list may be shorter.
Can Family Members Be Included in an EB-2 Visa?
One of the benefits of an EB-2 visa is that your spouse and unmarried children under the age of 21 may qualify for their own derivative visas. Once they have this visa, they can apply for employment authorization to work in the United States (their visa does not entitle them to the right to work without special approval, unlike yours). In addition, your children will have the legal right to attend school in the United States. You must complete all of your family’s paperwork properly and obtain the right documents, however, so you want your immigration attorney to handle this part of the process, as well.
Contact an EB-2 Visa Attorney Today
Whether you are an employer or an individual who is seeking immigration law help, speak to an experienced EB-2 visa attorney at Hayoon Kane Law Firm, PLLC. We can learn more about your own specific situation through a free case review before we give you customized legal advice that is tailored to your situation.
You can schedule an appointment to speak with an EB-2 visa lawyer by visiting our website and filling out an online contact form or by calling us today at (702) 463-7630. We are based in Las Vegas, NV, and we assist clients throughout the United States with their immigration law issues.
