EB2 Visa Attorney: Employment-Based Green Card
If you’re a professional with advanced education or specialized skills, you may use the EB2 visa as a direct path to permanent residency in the United States. The process can be complex, whether you apply through your employer or seek a National Interest Waiver. With an EB2 visa attorney, you can build a strong case and move towards your goals with confidence. Find out how we can help now. Call Jorge Munoz Law Firm at 786-678-8587 to discuss your case with our team.
We’ve outlined what an EB2 visa is, the EB2 criteria, EB2 NIW processing times, and how the EB2 visa to green card process works.
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What Is an EB2 Visa?
When exploring ways to enter the United States on a green card, many applicants look into what an EB2 visa is and what options are available to them. The EB2 visa is intended for applicants with advanced degrees or exceptional abilities. It includes those with a master’s degree or higher, as well as bachelor’s degree holders with five years of progressive work experience. Those with exceptional abilities in the sciences, arts, or business may also be granted an EB2 visa. EB2 Visa to Green Card Process
The EB2 visa to green card process typically involves multiple detailed steps. For most applicants, it begins with an employer demonstrating that no qualified U.S. workers exist for the role. Then, Form I-140 must be filed to establish eligibility. If you are in the United States, you will apply through adjustment of status, and if you are abroad, you’ll go through consular processing.
Who Qualifies Under the EB2 Criteria?
Meeting the EB2 criteria is often the most difficult part of the process. If you want to qualify under the advanced degree category, you must show that you have earned a relevant master’s degree or doctorate degree. You may also qualify if you can meet this requirement through a combination of education and work experience.
For exceptional ability, you have to show that you have a level of skill, significantly higher than what others in your field have. You may show this with professional achievements, awards, professional recognition, membership in professional organizations, or proof of your impact in your industry.
Before an employer submits your Form I-140 to USCIS, they also need to obtain a PERM Labor Certification by getting an approved Form ETA-9089 (Final Determination) from the Department of Labor (DOL). It verifies that there are not enough qualified U.S. workers available for the position.
In some cases, applicants may also request a National Interest Waiver (NIW), allowing them to bypass the job offer and labor certification requirement if their work is considered beneficial to the national interest of the United States.
Strong documentation is critical for this type of visa. USCIS looks at your credentials and how well your evidence supports your eligibility, so having a variety of types of supporting evidence is recommended. An experienced EB2 visa attorney will assess your experience and let you know what evidence you will need to support your application.
EB2 NIW: What Is an EB2 National Interest Waiver?
The EB2 National Interest Waiver lets you bypass the job offer and labor certification requirement if your work is considered beneficial to the national interest of the United States. This gives you a major advantage; rather than having to rely on an employer sponsor, you can self-petition if your work benefits the United States.
An EB2 NIW is often pursued by researchers, scientists, entrepreneurs, innovators, and professionals in high-impact fields. If your work has broad national importance beyond what you can do for a single employer, this may be a route to look into with an EB2 NIW lawyer.
How Our EB2 Visa Attorney Can Help
At Jorge Munoz Law Firm, we’re excited to help innovators and advanced professionals come to the United States and advance their industry. Professional guidance is essential during the EB2 visa process, particularly if you want to pursue a National Interest Waiver. In this case, we work to craft a compelling narrative about your work and what you can bring to the United States.
From beginning to end, our focus is on gathering and presenting the right evidence, ensuring that all forms and supporting documents are both accurate and thorough. Ready to get started? Let’s talk about the EB2 visa process, if you qualify for an EB2 NIW visa, and what your EB2 NIW processing timeline looks like. Call us at 786-678-8587 or send us a message online to schedule your consultation.
