OUR IMMIGRATION SERVICESEB-2A: Advanced Degree Visa

Understanding Eligibility and Qualifications

The EB-2A visa is designed to attract highly skilled professionals who can make a significant contribution to the economy, culture, and education of the United States. To qualify, applicants must meet one of the following criteria:

Advanced Degree Professionals

• Must have a Master’s degree or higher (or foreign equivalent). Alternatively, a bachelor’s degree plus at least five years of progressive work experience in the relevant field may qualify.
• Academic credentials must be supported by official transcripts, diplomas, and letters from employers verifying experience.
• Individuals with advanced degrees will be expected to demonstrate how their qualifications align with the needs of the U.S. labor market and contribute to their specific field.

Exceptional Ability Individuals

• Demonstrates a level of expertise significantly above that normally found in the sciences, arts, or business.
• Evidence may include awards, memberships in professional organizations, publications, or other nationally or internationally recognized accomplishments.
• Candidates with exceptional ability must provide multiple forms of corroborating evidence, such as peer recognition, high salaries indicating unique skills, or other comparable documentation.

Supporting Documentation

Applicants should provide detailed supporting documentation, such as

• Letters of recommendation from recognized experts in the field, highlighting unique skills and contributions.
• Academic transcripts, certifications, or diplomas that validate educational achievement.
• Evidence of significant accomplishments, such as patents, published work, or major industry awards.
• Documentation of employment history, including detailed letters from previous employers verifying job duties and contributions.

This comprehensive documentation not only establishes eligibility, but also strengthens the overall case for approval.

Application Steps and Legal Assistance

Navigating the EB-2A application process can be complex and requires close attention to each step. Here’s an overview of the key steps:

Step 1: Labor Certification (PERM)

• Employer’s Role: The employer must demonstrate to the Department of Labor (DOL) that there are no qualified U.S. workers available to fill the position.
• Advertising: The position must be advertised to ensure transparency and fairness.
• Submit ETA Form 9089: This application demonstrates compliance with DOL recruitment requirements.

Step 2: File Form I-140 (Immigrant Petition for Alien Worker)

• Once the labor certification is approved, the employer submits Form I-140 to USCIS, demonstrating the applicant’s qualifications and the employer’s ability to pay the offered wage.

Step 3: Adjustment of Status or Consular Processing

• Adjustment of Status: For applicants already in the U.S., Form I-485 is filed to adjust to permanent residence.
• Consular processing: Applicants outside the U.S. complete Form DS-260 and attend an interview at a U.S. embassy or consulate.

Legal Assistance and Benefits

The application process can be daunting without professional guidance. Legal experts like those at Arvian Law Firm can:

• Evaluate eligibility: Conduct a detailed eligibility analysis and advise on the best strategy.
• Prepare Documentation: Ensure all required documentation is thoroughly prepared to avoid delays.
• Assist with PERM: Guide employers through the hiring process and compliance requirements.
• Interview Support: Preparation and guidance for USCIS or consular interviews.

By understanding the requirements and utilizing expert assistance, applicants can increase their chances of successfully obtaining an EB-2A visa and achieving their goals in the United States.