What is the EB2 Visa?

The EB2 visa is a second-preference employment-based Green Card category tailored for:

• Professionals with Advanced Degrees (EB2-A): Individuals with advanced academic qualifications or equivalent experience.
• Individuals with Exceptional Abilities (EB2-B): Applicants who demonstrate a high level of expertise in the arts, sciences, or business.
• National Interest Waiver Applicants (EB2-NIW): Professionals whose work benefits the U.S. significantly, exempting them from the labor certification process.

Benefits of the EB2 Visa

• Pathway to Green Card: Grants lawful permanent residency in the U.S.
• Family Inclusion: Spouses and unmarried children under 21 can also apply for Green Cards.
• Professional Growth: Access to more job opportunities and career advancement.
• No Employer Sponsorship for NIW: Applicants under the National Interest Waiver can self-petition.

Who Qualifies for the EB2 Visa?

Eligibility for the EB2 visa depends on meeting the criteria for one of its three subcategories:

EB2-A: Advanced Degree Professionals

Applicants must have:

• A U.S. advanced degree (master’s or higher) or a foreign equivalent.
• A bachelor’s degree with at least five years of progressive work experience in the field.

EB2-B: Individuals with Exceptional Abilities

Demonstrate expertise significantly above the average level in the arts, sciences, or business. Evidence may include:

• Awards or recognitions for excellence.
• Membership in professional associations.
• Published work or media coverage of achievements.

EB2-NIW: National Interest Waiver

Applicants must prove that their work has substantial merit and benefits the U.S., justifying a waiver of the labor certification requirement.

Step-by-Step Guide to the EB2 Visa Process

1. File PERM Labor Certification (if required): For most EB2-A and EB2-B applicants, the employer must complete the PERM labor certification to confirm no qualified U.S. workers are available for the role.
2. File Form I-140 (Immigrant Petition for Alien Worker):
   • Academic transcripts or certifications.
   • Evidence of exceptional ability or national interest.
   • Approved labor certification (if applicable).
3. Monitor Visa Availability: Check the Visa Bulletin to ensure a visa is available for your category and country of origin.
4. File Form I-485 (Adjustment of Status) or DS-260 (Consular Processing):
   • Adjustment of Status: If you are in the U.S., file Form I-485 to adjust your status to permanent resident.
   • Consular Processing: If you are outside the U.S., file DS-260 for consular processing through a U.S. Embassy or Consulate.
5. Complete the Medical Examination: Undergo a medical exam with a USCIS-approved physician and submit Form I-693.
6. Attend the Green Card Interview: Be prepared to present evidence supporting your EB2 eligibility during the interview with USCIS or consular officers.
7. Receive Your Green Card: Upon approval, you and your eligible family members will be granted permanent residency in the United States.

Common Challenges with the EB2 Visa Process

1. Demonstrating Eligibility: Providing clear evidence of advanced degrees, exceptional abilities, or national interest is essential for approval.
2. Navigating the PERM Process: The PERM labor certification requires meticulous compliance with Department of Labor regulations, including recruitment efforts and prevailing wage determinations.
3. Addressing Visa Backlogs: Applicants from certain countries may face delays due to annual visa quotas.

How Larhdel Law Can Help You Succeed

• Eligibility Assessment: Identifying the best EB2 subcategory for your qualifications.
• PERM Process Support: Assisting employers with labor certification requirements.
• Evidence Compilation: Helping you gather compelling documentation to support your application.
• Application Preparation: Ensuring all forms and paperwork are accurate and complete.

Contact us at 310 943 6352 for personalized assistance with your EB2 visa application.

Real-Life Success Stories

• Case 1: Securing an EB2 Visa for a Research Scientist: A client with a master’s degree faced challenges proving their exceptional ability. We helped compile awards, publications, and letters of recommendation, leading to a successful EB2-B application.
• Case 2: Helping a Doctor Obtain an NIW Green Card: A physician working in an underserved area sought a National Interest Waiver. Our team demonstrated the significance of their contributions to public health, resulting in approval.
• Case 3: Navigating PERM for an Engineer: An employer struggled with PERM requirements for a foreign engineer. We provided comprehensive guidance, ensuring compliance with recruitment and prevailing wage regulations, securing labor certification.

Common Mistakes to Avoid in EB2 Applications

1. Incomplete or Inaccurate Documentation: Ensure all evidence, such as diplomas, work experience, and awards, is detailed and verifiable.
2. Ignoring Labor Certification Rules: Employers must strictly follow Department of Labor guidelines to avoid delays or denials.
3. Overlooking Visa Bulletin Updates: Stay informed about visa availability to file your application promptly.

Why Choose Larhdel Law for Your EB2 Visa Needs?

• Tailored Legal Strategies: Custom solutions based on your unique qualifications and needs.
• Comprehensive Support: From PERM labor certification to Green Card interviews, we handle every step.
• Proven Expertise: A track record of successful EB2 applications across diverse fields.