At Peek Toland & Castañeda PLLC, we have helped foreign nationals from all over the world secure temporary stay, residency, or citizenship in the U.S. throughout the many years of our renowned practice. Whether you’re looking for a new life opportunity or just want to reunite with loved ones, please contact our office for reliable counsel from our experienced Austin immigration lawyers. Our number is (512) 474-4445. Call us today.
What Is an EB-2 Visa?
Through the EB-2 visa program, the United States immigration system makes concessions for foreign nationals who either exhibit exceptional abilities or are professionals with advanced degrees. The idea is that such individuals can contribute their knowledge or skills to benefit the country’s national economy and cultural interests. While applicants must have a job with a U.S. employer secured and a Labor Certification approved position to qualify, the government may waive the latter requirement, if it is in the national interest to do so.
Who Can Apply for an EB-2 Visa?
EB-2 is an employment-based, second preference visa reserved for professionals with advanced degrees and foreign nationals with exceptional abilities. The categories are defined as follows:
- Professionals with Advanced Degrees: Generally, an advanced degree means above a B.A. / B.S., or its equivalent. However, some applicants without advanced degrees may still qualify if they possess a bachelor’s along with five years of post-degree experience in their selected field. Ultimately, it is up to the discretion of the U.S. Citizenship and Immigration Services (USCIS).
- Foreign Nationals with Exceptional Ability: Exceptional ability is defined as “a degree of expertise [that is] significantly above that ordinarily encountered” in the sciences, arts, or business.
Applicants must provide documentation that establishes their eligibility, according to the standards established by the USCIS. Such documentation may include academic records, professional memberships, licenses, and evidence of recognition of achievements and significant contributions.
What Is National Interest Waiver?
With a national interest waiver, an applicant may obtain permanent resident status without having a job offer or labor certification. To qualify, the applicant must prove that s/he is significantly more qualified than the average person in the same field of national interest and that s/he will work to improve the welfare and health of the country. Also, s/he must establish that the labor certification requirement would only serve to negatively impact U.S. national interest.
Lending You Guidance
The EB-2 is a highly sought-after visa and requires extensive documentation and a well-organized application in order to be approved. The legal team at Peek Toland & Castañeda PLLC can help you sort out all the paperwork, meet the deadlines, and get started on your new life in the United States. Call our office to schedule a consultation. You may also submit an online contact form and one of our dedicated staff members will get back to you shortly.