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Quick Facts — EB2 Visa Lawyers

Applying for an EB2 visa, with an excellent education or remarkable professional skills, means one can get a chance to live and work in the United States legally. The EB2 Visa, on the other hand, is an employment-based immigration category that acts as a gateway for foreign nationals with outstanding abilities or advanced academic qualifications to acquire permanent legal residence in America. This category ensures that the United States has enough talent and covers gaps within the job market.

Steps to Apply for EB2 Visa

  1. Secure Employment. A US employer must offer you employment opportunities related to your profession. This labor certification application needs to be filed by your potential employer at the U.S. Department of Labor (DOL) to establish no availability of qualified individuals in America to fill this position.
  2. Verify Your Eligibility. Eligibility criteria include having an advanced degree or its equivalent or exceptional ability in your field.
  3. Complete Form I-140. The purpose of filing form I-140, which is Immigrant Petition for Alien Worker by an Employer, is for USCIS, U.S. Citizenship and Immigration Services. For one to qualify for this visa type, they need to prove their eligibility using the documents alongside applying through their employer.
  4. Wait for Processing Time. This depends on how fast USCIS processes forms like Form I-140, which determines who qualifies for an EB2 visa. It might take months on end.
  5. Apply for Adjustment of Status or Consular Processing. For people inside the United States, there are two ways of obtaining a green card: “adjusting status,” which means changing one’s non-immigrant status to an immigrant one, and “consular processing,” where applicants have to go abroad for an immigrant visa interview and issuance.

However, it is important to note that the EB2 visa application process can be complex and lengthy. Therefore it is recommended that an immigration attorney who is experienced in this area should be consulted to avoid refusal.

Aspects to Remember When You Apply for EB2 Visa

  • Validate Your Qualification. Check if you meet the conditions stipulated under the EB2 visa, such as a master’s degree or its equivalent in the field or exceptional ability in the field. Ensure that you have met all requirements since this is an important factor before making an application.
  • Secure Strong Employment Offer. Once again, it is important to note that having a job offer relating to your specialty from a U.S. employer is mandatory. This labor certification must be filed by your prospective employer with the U.S. Department of Labor (DOL) so that it can be established that no qualified US worker has applied for the position. You have to make sure that you have made strong applications, which will lead to the Employer filing for permanent residence on behalf of employees.
  • Assemble Supporting Documents. Documents such as diplomas, transcripts, recommendation letters, and evidence of extraordinary abilities should be provided to prove eligibility for the EB2 visa class. Ensure all papers are in place and translated correctly into English.
  • Ensure Proper Application Submission. It is common for the EB2 visa application process to take several months or more, and it’s nice to be ready for such. Make sure you have all the required information and get ready to wait for the processing period of the application.
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Tips to Successfully Apply for EB2 Visa

  • Start Sooner. You should start earlier on because there might be delays in getting the required papers or proof.
  • Find Evidence. Your proof has to show your high education level, great competence, or record of the job you have done before, such as certificates, reference letters, and evidence of the jobs that were completed.
  • Find a Lawyer with Experience. A seasoned immigration attorney can help you through the complexity of the application procedure, ensure that all necessary documents are submitted, and answer any queries.
  • Be Clear and Consistent. Make sure every information you give is accurate and consistent. Any confusion or variations could raise red flags and therefore, it might result in disapproval of your case.
  • Prepare for the Interview. If your application is approved, an interview with a judge will be set for you, which means preparation is key. You may be required to offer background information about yourself academically and professionally, your job experience, and why you want to stay in the USA, among others.
  • Show Your Intentions. You need to prove that you want to take up a position in America within your area of specialization. Be prepared to discuss your long-term objectives as well as how working in the U.S.A. will further your career plans.
  • Patiently Wait for the Approval. The process of obtaining an EB2 visa can last several months, during which there may appear pauses, so just be patient until everything comes through for you.

Always remember that the EB2 visa is highly competitive, with only a few visas available each year, which implies that one has to submit strong applications representing oneself as a well-suited applicant.

Key Terms for Applying for EB2 Visas

  • Postgraduate Education: This pertains to degrees exceeding a Bachelor’s degree, such as a Master’s or doctorate.
  • Exceptional Ability: This involves skills higher than average in a specific field. To qualify for an EB2 visa with exceptional ability, you must show evidence of at least three of the following criteria: academic degree, professional license, publications, conference presentations, awards, membership in professional associations, and significant contributions to your field.
  • Labor Certification: A process that requires your employer to obtain labor certification from the U.S. Department of Labor indicates that there are no available qualified U.S. workers for the position offered to you, and it will not adversely affect the wages and working conditions of similar U.S. workers.
  • Priority Date: The date when your petition is received by USCIS. Priority date is used to determine your position in line for visa processing.
  • National Interest Waiver: An exemption from job offer and labor certification requirements for EB2 visa application. To be eligible for a National Interest Waiver, you have to prove that your work is in the national interest of the US and that you possess extraordinary ability in your field.

Final Thoughts on Applying for EB2 Visas

Though applying for an EB2 visa can be quite a complex and time-consuming process, you can enhance your chances of success by being well-prepared. You should start early, collect all the needed evidence, team up with an expert immigration attorney, and submit a concise and uniform application. Make it clear that you want to work in America in your area of specialization; also, be ready to wait for some period. This is because the EB2 visa is highly competitive where there are few visas available each year thus, portraying yourself as a highly qualified candidate is vital.

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ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


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