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EB-2 Visa: Advanced Degree and Exceptional Ability

EB-2 Visa: Green Cards for Professionals with Advanced Degrees or Exceptional Ability

The EB-2 visa is an employment-based immigrant visa that allows individuals with advanced degrees or exceptional abilities in their field to gain U.S. permanent residency (Green Card). If you are a professional seeking to advance your career in the U.S. or a U.S. employer looking to sponsor top talent, The Dhanani Law Firm can help. With over 25 years of experience in immigration law, we specialize in guiding both individuals and employers through the complex EB-2 petition process, ensuring your qualifications or the qualifications of your employee are properly documented and presented for the best chance of approval.

What Is the EB-2 Visa?

The EB-2 visa is part of the second preference employment-based Green Card category. It is intended for individuals who are highly qualified due to advanced degrees or exceptional abilities in their professional field.

The EB-2 visa is divided into two main subcategories:

  • EB-2(A): For professionals with an advanced degree or its equivalent (master’s, Ph.D., or a bachelor’s degree with five or more years of progressive work experience).
  • EB-2(B): For individuals with exceptional ability in the sciences, arts, or business, whose expertise significantly exceeds the norm in their field.
  • EB-2 National Interest Waiver (NIW): For individuals whose work is deemed to be in the national interest of the United States, allowing them to self-petition without needing a U.S. employer.

Who Qualifies for an EB-2 Visa?

EB-2(A): Advanced Degree Professionals

To qualify for the EB-2(A) visa, you must have:

  • An advanced degree: A master’s degree, Ph.D., or the equivalent. A bachelor’s degree with at least five years of progressive experience in your field may also qualify.
  • Job offer and employer sponsorship: A U.S. employer must offer you a permanent job that requires an advanced degree, and the employer must sponsor your petition.

EB-2(B): Exceptional Ability

To qualify for the EB-2(B) visa, you must have exceptional ability in the sciences, arts, or business. This means you possess a level of expertise significantly above what is normally encountered in your field. You must provide evidence of at least three of the following:

  • Official academic record showing a degree, diploma, certificate, or similar award from a college, university, or other institution of learning related to your field of exceptional ability.
  • Letters documenting at least 10 years of full-time experience in your occupation.
  • A license to practice your profession or certification for your profession or occupation.
  • Evidence of having commanded a salary or other compensation that demonstrates exceptional ability.
  • Membership in professional associations.
  • Recognition for achievements and significant contributions to your field by peers, government entities, or professional or business organizations.

National Interest Waiver (NIW)

The EB-2 National Interest Waiver (NIW) allows applicants to bypass the employer sponsorship and labor certification process if they can demonstrate that their work is in the national interest of the U.S. To qualify, you must prove:

  • Your work has substantial merit and national importance.
  • You are well-positioned to advance your work in the U.S.
  • Waiving the requirement of a job offer and labor certification would benefit the U.S.

The NIW is ideal for individuals working in fields like healthcare, technology, engineering, or research that benefit the country’s economic, cultural, or social welfare.

PERM Labor Certification for EB-2 Petitions

Most EB-2 petitions require PERM labor certification, which is a process where the U.S. employer must prove to the Department of Labor that there are no qualified U.S. workers available for the position. This includes conducting a thorough recruitment process and showing that hiring a foreign worker will not negatively affect U.S. wages or working conditions.

The Dhanani Law Firm assists employers in navigating the PERM labor certification process, ensuring full compliance with recruitment and wage requirements.

Benefits of the EB-2 Visa

The EB-2 visa offers several significant advantages for qualified individuals:

  • Path to Permanent Residency: The EB-2 visa leads to a Green Card, allowing you to live and work in the U.S. permanently.
  • Family Benefits: EB-2 visa holders can bring their spouse and unmarried children under 21 to the U.S. as dependents. They are eligible for permanent residency (Green Card) as well.
  • Faster Processing for National Interest Waiver: The NIW allows eligible applicants to self-petition, avoiding the time-consuming labor certification process and potentially speeding up the Green Card process.
  • High Preference: As a second-preference visa, EB-2 petitions are generally processed faster than lower-preference employment-based categories.

How The Dhanani Law Firm Can Help You

At The Dhanani Law Firm, we provide end-to-end support for EB-2 visa petitions, ensuring compliance with U.S. immigration law and a smooth application process. With over 25 years of experience, we guide both employers and professionals through the process to maximize their chances of success.

For Employers:

  • Job Description and Qualification Review: We help you assess the position and the foreign worker’s qualifications to ensure they meet the EB-2 requirements.
  • PERM Labor Certification: We assist with the entire PERM labor certification process, including job postings, recruitment, and wage compliance, to ensure you meet all Department of Labor regulations.
  • Petition Preparation: We prepare and submit the I-140 petition, ensuring that all documentation is complete and that the job offer and qualifications are clearly presented.

For Employees:

  • Qualification Assessment: We review your qualifications to determine your eligibility for the EB-2 visa and help gather the necessary documentation.
  • National Interest Waiver Applications: For those applying for an NIW, we assist in preparing a compelling petition that demonstrates how your work benefits the U.S. and meets the national interest criteria.
  • Adjustment of Status: Once your EB-2 petition is approved, we help you with Adjustment of Status (if you’re in the U.S.) or consular processing (if you’re outside the U.S.), ensuring you successfully transition to permanent residency.

Why Choose The Dhanani Law Firm?

With over 25 years of experience in U.S. immigration law, The Dhanani Law Firm has successfully guided countless professionals and employers through the EB-2 visa process. We understand the intricacies of employment-based immigration and provide personalized, strategic support to ensure the best chance of success. Whether you’re an individual applying for an NIW or an employer sponsoring top talent, we are here to help you every step of the way.

Start Your EB-2 Visa Process Today

Ready to take the next step toward U.S. permanent residency through the EB-2 visa? Schedule a consultation with The Dhanani Law Firm today, and let us guide you through the process with confidence.
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    1100 Peachtree Street NE, Suite 200 Atlanta, GA 30309

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