EB2 Employment-Based Green Card
One option for professionals seeking to immigrate to the U.S. is the EB2 visa. This employment-based visa is specifically designed for foreign workers who possess advanced degrees, exceptional ability, or who can qualify for a national interest waiver.
At Heckler Law Group, we can help you understand the full scope of these benefits and determine whether the EB2 visa is the right choice for you.
Who Is Eligible for the EB2 Visa?
If you meet one or more of the following qualifications, the EB2 visa may be the ideal option for you to pursue residency in the U.S:
- Advanced Degree: You must have an advanced degree beyond a bachelor’s degree, or a U.S. equivalent. This can include a master’s degree, a Ph.D., or a professional degree such as a law degree, medical degree, or engineering degree.
- Exceptional Ability: You must have exceptional ability in the sciences, arts, or business, which means you have achieved a degree of expertise significantly above that normally encountered in your field. This may be demonstrated through professional certifications, publications, awards, or other evidence of recognition in your field.
- National Interest Waiver: You may qualify for a National Interest Waiver if you have an advanced degree or can demonstrate exceptional ability in the sciences, arts, or business, and your work is in the national interest of the U.S. This waiver allows you to bypass the requirement for a job offer from a U.S. employer and the labor certification/PERM process.
How to Apply for the EB2 Visa
In most instances, to apply for a green card under the EB2 employment-based category, a Form I-140, Petition for Alien Worker must be filed by a sponsoring U.S. employer with the U.S. Citizenship and Immigration Services (USCIS). You must have a job offer from a U.S. employer that requires an advanced degree or exceptional ability in your field. Additionally, you must obtain a labor certification from the U.S. Department of Labor, or qualify for a national interest waiver.
To apply for a green card under the EB2 employment-based category with an advanced degree, you must have a job offer from a U.S. employer. The employer must first obtain a labor certification from the U.S. Department of Labor, unless you qualify for a national interest waiver. Upon obtaining a labor certification, the employer must file a petition for an immigrant visa with USCIS.
Individuals meeting the requirements for the exceptional ability category must also have a job offer from a U.S. employer willing to act as their green card sponsor. The employer can directly file an immigrant petition with USCIS without obtaining labor certification prior to filing.
If you are already in the U.S., you may be able to file an adjustment of status application concurrently with the EB2 petition, or you may have to wait for some time after approval of the petition, depending on visa availability for your country of birth.
National Interest Waiver
EB2 petitioners can avoid the PERM Labor Certification process by presenting as a “National Interest Waiver.” National Interest Waiver is an exemption from the labor certification process and job offer requirement for advanced degree/exceptional ability workers applying for an EB2 Visa for Immigration into the U.S. Immigrant petitions for qualified National Interest Waiver candidates may be filed by a sponsoring U.S. employer, or candidates may self-petition.
Begin Your EB2 Application Process
At Heckler Law Group, we are dedicated to providing personalized and effective legal representation to all of our clients. Whether you are just starting your journey toward obtaining an EB2 visa or have already begun the application process, we are here to help.
With our guidance, you can be confident that your EB2 visa application is in the hands of dedicated professionals who will advocate for your best interests.
If you are interested in learning more about the EB2 visa and how we can help you obtain one, please schedule a consultation.