EB-2 visas may be obtained by professionals with advanced degrees or those with exceptional ability in the sciences, business or arts. An alternative for those who do not qualify for an EB-1 visa because of its higher standards, the EB-2 visa generally requires the applicant to have a job offer from a U.S. company.
An EB-2 visa is similar to an EB-1 visa with the main difference being the exceptional ability requirements for an EB-2 visa are less stringent. Among other things, the applicant is not required to have received international acclaim in his or her field of specialty. Proof of an advanced degree and proven sustained national acclaim is sufficient. EB-2 visas require labor certification from the U.S. Department of Labor, which is a difficult process that can be a minefield for those not experienced in obtaining a labor certification.
Spouses and children of EB-2 visa applicants qualify for E-21 and E-22 immigrant status. Spouses also can apply for employment authorization while waiting for the EB-2 visa to be processed.
EB-2 visas are commonly sought by economists, doctors, architects, veterinarians, mental health workers, lawyers and market research analysts. The knowledgeable immigration attorneys at C.T. Lee & Associates in New York assist individuals and corporate clients with the EB-2 visa application process.
Individual applicants may bypass the requirement for an employer sponsor if they can demonstrate that the job they will be performing will greatly benefit the United States. This is known as the national interest waiver. Stipulations set forth by the United States Citizenship and Immigration Services state that applicants seeking this waiver must demonstrate a minimum of three of the following:
– Official academic record showing that you have a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to your area 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 that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
– Membership in one or more professional associations
– Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
– Other comparable evidence of eligibility
EB-1 visas receive first preference in the EB category. EB-2 visas are fulfilled from the unused portion of the EB-1 quota. It is important to get things right the first time. Our New York City EB-2 visa lawyers will review all documents and help you present the strongest case for an EB-2 visa.
We emphasize on clear communication and a personal approach. Our clients work directly with an attorney from the initial consultation through the resolution of the case. We are quick to respond to client needs, available to answer your questions and intent on keeping you informed of the status of your case.
Few areas of law impact the long-term future of individuals and businesses as much as immigration law. The attorneys at C.T. Lee & Associates understand this, which is why we carefully analyze every client’s needs before developing a strategy that is designed to achieve each client’s goals as effectively and cost-efficiently as possible. See below for our list of services within immigration.
BUSINESS AND EMPLOYMENT-BASED IMMIGRATION – L-1 VISAS – O-1 VISAS – H-1B VISAS – EB-1 EXTRAORDINARY ABILITY GREEN CARDS – EB-2 EXCEPTIONAL ABILITY GREEN CARDS – EB-3 SKILLED AND UNSKILLED GREEN CARDS – EB-5 INVESTOR/EMPLOYMENT CREATION VISA – E VISAS (TRADER, INVESTOR, SPECIALITY OCCUPATIONS) – FAMILY-BASED IMMIGRATION – GREEN CARDS – VISITORS AND STUDENTS – P-1 & P-4 VISAS – U VISA – SPECIAL IMMIGRANT JUVENILE STATUS
