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EB2 Visa Lawyer: Your Guide to Professional Immigration Assistance

Seek guidance from experienced EB2 visa lawyers at Do Law Office to secure your U.S. residency with an EB-2 visa for advanced degree professionals and individuals with exceptional ability.

Have you ever considered the pivotal role of immigration in shaping a nation’s future? When talented professionals worldwide target the United States as their new home, they often explore the Employment-Based Second Preference visa, more commonly known as the EB-2 visa. This visa category is a beacon for those with advanced degrees or exceptional abilities in their field, signifying more than just migration—it symbolizes an infusion of skills and innovation into the country.

Granting a green card to holders of these visas is a way for the U.S. to ensure that pivotal sectors continue to thrive with top-tier talent. This becomes even more significant when the applicant seeks a National Interest Waiver, which dispenses with the need for a job offer or the labor certification process, recognizing the inherent value they bring to the country.

Immigration lawyers’ experience becomes indispensable in navigating the complex journey toward securing an EB-2 visa. We at Do Law Office provide the guidance and support necessary to decipher the intricate web of immigration laws and policies surrounding green card categories. 

With a strategic approach tailored to each individual’s unique circumstances, we aim to facilitate the realization of the American dream for professionals and scholars who want to contribute to the United States at the highest level.

Understanding EB-2 Visas

The journey to U.S. permanent residency is paved with various visa pathways, each with unique criteria and benefits. The EB-2 visa is a beacon for individuals with advanced skills or exceptional abilities, promising a route to permanent residency.

The EB-2 visa category is a U.S. immigrant visa for foreign nationals who demonstrate exceptional ability in their field or possess advanced degrees. There are three subcategories within the EB-2 visa:

  • EB-2A: This is for those with an advanced degree beyond a bachelor’s, such as a master’s or doctorate.
  • EB-2B: This is for those showing exceptional ability in the sciences, arts, or business.
  • EB-2C: This is for those who qualify for a National Interest Waiver, where the individual’s presence in the U.S. could greatly benefit the nation.

In most cases, securing an EB-2 visa requires a job offer from a U.S. employer, who must also obtain a labor certification from the Department of Labor on behalf of the employee.

Eligibility Criteria

Eligibility for an EB-2 visa hinges on meeting at least one criterion for an advanced degree or two for exceptional ability.

Advanced Degree requirements include:

    • A U.S. master’s degree or a foreign equivalent, or
    • Juris Doctor (J.D. or law degree)
    • M.D. (medicine)
    • A U.S. bachelor’s degree plus five years of progressive work experience in the field.

    Exceptional Ability must be demonstrated through at least three of the following:

    • Evidence of a degree, certificate, or equivalent award from an accredited college, university, or educational institution
    • Letters documenting at least ten years of full-time experience in the profession
    • A professional license or certification for a specific occupation or field
    • Proof that the applicant has received a salary or other compensation that reflects their exceptional ability
    • Membership in professional associations
    • Acknowledgment of achievements and significant contributions by peers, government authorities, and professional or business organizations.

    In some cases, a National Interest Waiver (NIW) can exempt you from the job offer and labor certification requirements, but only if it serves the national interest.

    Guidance from an immigration law firm can be invaluable for those navigating the complexities of immigration law, particularly the EB-2 visa category. This experience ensures compliance with the Employment-Based Immigration: Second Preference EB-2 criteria and streamlines the process for both the applicant and the employer, managed through USCIS.

    Application Process Explained

    The EB-2 visa application process is a multi-phased endeavor commencing with obtaining a PERM labor certification from the Department of Labor. This serves as the bedrock of the application, substantiating the absence of qualified U.S. workers for the job. According to studies by the USCIS, an approved permanent labor certification indicates that the petitioner made a genuine effort to evaluate the labor market and successfully demonstrated to the DOL that no qualified, capable, and available U.S. workers were found for the position.

    Form I-140

    Upon approval, Form I-140, Immigrant Petition for Alien Worker, is submitted to U.S. Citizenship and Immigration Services (USCIS). This petition outlines the beneficiary’s education, track record, and accomplishments. Ensuring that the documentation is accurate and comprehensive is crucial, as it forms the foundation for a successful I-140 filing. Additionally, the application should emphasize the beneficiary’s qualifications, including roles of substantial merit and national interest.

    Green Card Interview

    Upon USCIS approval of your Form I-140, you will receive Form I-797, signifying your eligibility to apply for an EB2 visa at a US consulate. This approval also grants you an EB2 priority date, determined by the volume of other applicants. Once your priority date is current, you will either schedule an interview at a US consulate or apply for an adjustment of status if you are lawfully present in the US.

    During your interview, a US consular officer will assess your qualifications and intentions in the United States. If approved, you will be granted the ability to enter the United States as a permanent resident under the EB2 visa category.

    Common Pitfalls and How to Avoid Them

    The complexities of the EB-2 visa application can lead to pitfalls that result in denial, delays, or requests for evidence (RFEs). Overlooking the nuances in documentation or failing to exhibit a professional journal as evidence can undermine the application’s substantial merit.

    According to a publication by the U.S. Citizenship and Immigration Services (USCIS), if foreign documents submitted as primary evidence are deemed unreliable by the Department of State (DOS), USCIS may request secondary evidence to support the benefit request. If the secondary evidence is inadequate or interview criteria are met, USCIS may require the benefit requestor to attend an in-person interview.

    This may lead to delays and missed opportunities, highlighting the importance of experienced legal representation to ensure a seamless application process.

    How to Avoid EB-2 Visa Pitfalls

    To steer clear of these common pitfalls in the EB-2 visa application process, it is crucial to follow these steps:

    • Ensure Accurate Documentation: Ensuring that every submission contains precise, verifiable information is vital in avoiding unfavorable scrutiny or RFEs.
    • Adhere to Strict Timelines: Adhering to strict timelines and ensuring all supplemental information and evidence is complete and well-organized can mean the difference between acceptance and denial. We recommend seeking guidance from legal professionals from the Do Law Office who are attuned to the intricacies of immigration law and application processes. This support is paramount in avoiding errors that impede your journey toward U.S. residency.

    How the Do Law Office Can Help

    Immigration lawyers possess deep knowledge of immigration law and are seasoned navigators in the labyrinth of governmental procedures. They understand how critical the EB-2 NIW (National Interest Waiver) petition is for valuable professionals like you, striving to bolster the U.S. national interest through notable business endeavors or exceptional talent in other fields.

    The immigration lawyers at the Do Law Office are well-versed in the EB-2 visa process, providing a range of services that include: 

    • Case Evaluation: During an initial consultation, our immigration lawyer will evaluate your unique situation and determine the feasibility of an NIW petition.
    • Building a Strong Case: They will guide you in assembling a strong case, including crafting compelling recommendation letters and a robust petition package highlighting your standout qualifications.
    • Demonstrating Your Exceptional Abilities: Our NIW lawyer can help you formulate a narrative that aligns your extraordinary abilities with the nation’s needs without the requirement for burdensome labor certifications.
    • Post-approval Services: Should adjustments to your status be necessary after your petition, immigration services provided by our diligent lawyer can steer those processes toward a favorable outcome.

    Uniting your vision with the American dream is a sophisticated task, but it can be achievable with the right EB-2 NIW lawyer. At Do Law Office, we support our clients through every step of this transformative journey. We offer comprehensive guidance for individual EB-2 NIW applicants and focused services for business immigration.

    Achieve Your American Dream with Do Law Office

    Navigating the complexities of U.S. immigration, particularly concerning employment-based green cards like the EB-2 National Interest Waiver (NIW), demands familiarity with the Matter of Dhanasar precedent and a meticulous approach tailored to individual circumstances. At Do Law Office, we are well-positioned with a record of success, leveraging our extensive experience to guide investors, scientists, artists, and physicians through this nuanced process.

    Moreover, we acknowledge Vietnamese professionals and investors’ significant contributions and potential in enhancing the U.S. economy and society. Our team is attuned to the cultural and procedural nuances affecting Vietnamese applicants, offering customized solutions to ease the path to successful immigration outcomes. We work diligently to ensure that language barriers do not hinder your progress, providing translation services and culturally-informed guidance.

    From initial consultation to final approval, our firm is committed to advocating for your interests and ensuring a seamless, stress-free journey through the immigration process. Contact us today for a comprehensive assessment of your eligibility and to learn more about securing the EB-2 visa category.

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