EB-2 visas in the USA - Arvian Immigration Law Firm

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EB-2 visas in the USA

Need help with your EB-2 visa application? Arvian Law Firm has a proven track record of success in both EB-2A (Advanced Degree) and EB-2B (Exceptional Ability) cases. We offer expert guidance and personalized support.

EB-2 Visas: Your Pathway to U.S. Permanent Residency – Expertise from Arvian Law Firm

Arvian Law Firm is a trusted name in U.S. immigration law, with a proven track record of helping professionals and individuals with exceptional abilities achieve their American dream. We specialize in navigating the complexities of the EB-2 visa category, a pathway designed for those who possess advanced degrees or demonstrate exceptional ability in their field.

Who Qualifies for an EB-2 Visa?

To be eligible for an EB-2 visa, you must generally meet one of the following criteria:

  • Advanced Degree: Possess a U.S. master’s degree or a foreign equivalent, or a U.S. baccalaureate degree plus five years of progressive experience in your field.
  • Exceptional Ability: Demonstrate exceptional ability in the sciences, arts, or business through a combination of evidence, such as publications, awards, patents, or recognition of your expertise.

Why Choose Arvian Law Firm for Your EB-2 Visa?

  • In-Depth Knowledge: Our attorneys are well-versed in the nuances of EB-2 visa regulations and case law.
  • Personalized Approach: We tailor our strategies to your unique circumstances and career goals.
  • Proven Success: We have a strong history of securing EB-2 visa approvals for our clients.
  • Dedicated Support: We guide you through every step of the process, from initial consultation to visa approval.

Let Arvian Law Firm Help You Achieve Your U.S. Immigration Goals

If you are a professional with an advanced degree or exceptional ability, the EB-2 visa could be your path to permanent residency in the United States. Contact Arvian Law Firm today for a consultation to discuss your eligibility and how we can assist you.

What is an EB-2 Visa?

The EB-2 visa is a pathway to permanent residency in the United States for professionals who hold advanced degrees or demonstrate exceptional ability in their field. Its primary purpose is to attract and retain highly skilled individuals who can contribute to the U.S. economy and society.

Two Subcategories: EB-2A and EB-2B

The EB-2 visa is divided into two distinct subcategories, each with its own specific requirements:

Qualifications:

  • You must hold a U.S. master’s degree or a foreign equivalent, or a U.S. baccalaureate degree plus at least five years of progressive experience in your field.
  • The job you are seeking in the U.S. must require an advanced degree or its equivalent.

Benefits:

  • Streamlined process compared to EB-2B if you clearly meet the educational and job requirements.

Qualifications:

You must demonstrate exceptional ability in the sciences, arts, or business.

This is typically proven through a combination of evidence, including:

  • Publications in professional or major trade publications or other major media
  • Awards or other recognition for achievements
  • Membership in professional associations requiring outstanding achievements
  • Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance
  • Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
  • Evidence of your high salary or other remuneration in relation to others in the field
  • Evidence of commercial success in the performing arts

A job offer is not always required, but it can strengthen your case.

Benefits:

Flexibility for those with exceptional talent who may not have an advanced degree.

National Interest Waiver (NIW): A Streamlined Path to Permanent Residency

The National Interest Waiver (NIW) is a special provision within the EB-2 visa category that allows individuals with exceptional ability and whose work is deemed to be of national importance to the United States to bypass the traditional labor certification process and job offer requirement.

Benefits of an NIW:
  • No Job Offer Required: Unlike the standard EB-2 process, you do not need a job offer or an employer sponsor to apply for an NIW. This gives you more flexibility and control over your career path.
  • Faster Processing: NIW applications are often processed more quickly than traditional EB-2 cases, as they don’t involve the time-consuming labor certification process.
  • Self-Petitioning: You can file the NIW petition yourself, without relying on an employer. This can be advantageous if you are an entrepreneur, researcher, or work in a field where finding a sponsor might be challenging.
Criteria for Obtaining an NIW:

To qualify for an NIW, you must demonstrate that:

  1. Your proposed endeavor has substantial merit and national importance: This means your work has the potential to significantly benefit the United States in areas such as science, technology, education, culture, health, or business.
  2. You are well-positioned to advance the proposed endeavor: You must show that you have the education, skills, experience, and track record of success necessary to make a meaningful contribution to your field.
  3. It would be beneficial to the United States to waive the job offer and labor certification requirements: This requires demonstrating that your work is of such national importance that it outweighs the need to protect U.S. workers.
Advantages of an NIW over the Regular EB-2 Process:
  • Greater Flexibility: No need to find a job offer or employer sponsor.
  • Faster Processing: Eliminates the labor certification process, which can significantly shorten the overall processing time.
  • More Control: You can self-petition, allowing you to direct your career path.
  • Ideal for Entrepreneurs: Particularly beneficial for those who want to start their own businesses or pursue research independently.

Is the NIW Right for You?

Arvian Law Firm can help you assess your eligibility for an NIW and guide you through the application process. If your work has the potential to make a significant impact in the U.S., the NIW may be the ideal path to achieving your immigration goals.

Required Documentation for Your EB-2 Visa Application

Gathering the correct documentation is crucial for a successful EB-2 visa application. Here’s a list of the documents you’ll typically need:

General Documentation (Both EB-2A and EB-2B):

  • Form I-140: The Immigrant Petition for Alien Worker form, completed by you or your employer (depending on the subcategory).
  • Passport: A copy of your valid passport.
  • Birth Certificate: A copy of your birth certificate.
  • Marriage Certificate: If applicable, a copy of your marriage certificate.
  • Medical Examination: Results of a medical examination conducted by a USCIS-approved physician.
  • Police Certificates: Police certificates from all countries where you have lived for six months or more since the age of 16.
  • Financial Documents: Evidence of your financial ability to support yourself in the U.S., such as bank statements or an affidavit of support.
EB-2A (Advanced Degree)

Educational Credentials:

  • Official transcripts from all colleges and universities attended.
  • Copies of diplomas or degree certificates.
  • If your degree is from a foreign institution, an evaluation from a credential evaluation service may be required.

Employment Verification:

  • Letters from current and former employers verifying your employment history and job duties.
  • Pay stubs or other evidence of your salary.
EB-2B (Exceptional Ability)

Evidence of Exceptional Ability:

  • Publications in professional journals or major trade publications.
  • Awards or other recognition for achievements in your field.
  • Letters from experts in your field attesting to your exceptional ability.
  • Evidence of your original contributions of major significance to your field.
  • Evidence of your authorship of scholarly articles in your field.
  • Evidence of your high salary or other remuneration for your work.
National Interest Waiver (NIW)

Evidence Supporting NIW:

  • Letters from experts in your field detailing the national importance of your work and your ability to advance it.
  • Documentation of your past achievements and contributions to your field.
  • Evidence of the potential impact of your work on the U.S.

Additional Notes:

  • This is a general list, and the specific documents required may vary depending on your individual circumstances and the specific requirements of your case.
  • It’s essential to ensure all documents are translated into English if they are not originally in English.
  • Arvian Law Firm can help you gather and organize the necessary documentation and ensure that your application is complete and accurate.

Common Challenges in the EB-2 Visa Process and How Arvian Law Firm Can Help

While the EB-2 visa offers a valuable pathway to U.S. permanent residency, the application process can present various challenges. Arvian Law Firm is well-equipped to help you navigate these obstacles:

Common Challenges:

  • Complex Requirements: EB-2 visa requirements can be intricate and vary depending on your specific circumstances. We provide expert guidance to ensure you understand and meet all the necessary criteria.
  • Gathering Evidence: Compiling the right evidence to demonstrate your qualifications can be time-consuming and overwhelming. We help you identify and collect the most relevant and compelling documentation to strengthen your case.
  • PERM Labor Certification: For EB-2 PERM applicants, the labor certification process can be lengthy and complex. We have extensive experience handling PERM applications and can streamline the process for you.
  • Requests for Evidence (RFEs): USCIS may issue an RFE if your initial application lacks sufficient evidence. We meticulously prepare your case to minimize the risk of an RFE and respond promptly and effectively if one is issued.
  • Changing Regulations: Immigration laws and regulations can change, impacting your application. We stay up-to-date on all the latest developments and adapt our strategies accordingly.

How Arvian Law Firm Can Help:

  • Expert Legal Counsel: Our experienced immigration attorneys have in-depth knowledge of EB-2 visa regulations and case law. We provide personalized legal advice tailored to your specific situation.
  • Comprehensive Case Preparation: We meticulously prepare your case, ensuring that all documentation is accurate, complete, and compelling.
  • Strategic Guidance: We develop strategic approaches to address any potential issues or challenges that may arise during the application process.
  • Dedicated Representation: We act as your advocate throughout the process, communicating with USCIS on your behalf and ensuring your rights are protected.
  • Proven Track Record: We have a proven history of successfully securing EB-2 visas for our clients, including those facing complex challenges.

 

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Your Advanced Degree or Exceptional Ability Deserves an EB-2 Visa

Don’t let the complexities of the EB-2 visa process stand between you and your future in the United States. At Arvian Law Firm, our experienced immigration attorneys are dedicated to making your path to a U.S. Green Card smooth and successful.

Take the Next Step Today!

Schedule Your Free Consultation:

  • Phone: Call us at +1 (213) 839 0095 to speak with a member of our team and discuss your EB-2 visa eligibility.
  • Email: Reach out to us at info@arvian.com for more information or to book an appointment.
  • Online: Fill out our secure online form for a prompt response from one of our immigration specialists.

Your professional future in the United States is within reach. Let Arvian Law Firm be your trusted partner on this exciting journey to achieving your American dream.

Processing times vary depending on the visa subcategory, your country of origin, and the current workload of immigration services.

Yes, your spouse and unmarried children under 21 years old are eligible for derivative visas (EB-2D) and can accompany you to the U.S.

You may have options to appeal the decision or refile your application with additional evidence.

Yes, but changing jobs may require a new PERM labor certification (if applicable) or an amendment to your visa status.

Yes, after five years of permanent residency in the U.S., you can apply for naturalization and become a U.S. citizen.

Yes, there are annual quotas for EB-2 visas, which can impact processing times.

EB-2 visas are for professionals with advanced degrees or exceptional ability, while EB-3 visas are for skilled workers, professionals, and other workers.

The EB-2 visa leads to permanent residency (a green card), allowing you to live and work in the U.S. indefinitely and eventually apply for citizenship.

LET’S DISCUSS it

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If you are located in the US, please feel free to contact us with any questions or concerns you may have. We look forward to helping you.