Do you need an employment-based visa? Contact the legal team at Pozo Goldstein, LLP today to learn more about the EB-2 Advanced Degree Professionals visa.

Professionals with Advanced Degrees and Person(s) of Exceptional Ability

Those who are seeking an employment-based visa may find themselves categorized as a second preference applicant. Those who are eligible must first have labor certification through an approved U.S. employer and must have it accepted by the Department of Labor. They must then have their prospective employer file a Form I-140 Immigrant Petition for Alien Worker on their behalf. There are several different categories of eligibility, depending on the individual circumstances of the immigrant. The first is the possessing an advanced degree. To be eligible under this category, the immigrant must be coming to the United States for a job that requires the degree or its equivalent – something that is legally considered to be a baccalaureate degree, as well as five years of progressive experience. To prove that you meet these eligibility requirements, you will need to have documentation of your academic record – showing you have one of the following:

  • U.S. advanced degree or foreign equivalent; and
  • U.S. baccalaureate degree plus 5 years of progressive experience.
  • This, however, is not the only category of eligibility criteria. Someone can also be categorized as a second preference applicant if it is shown that they have “exceptional ability.” This is classified as ability in their sciences, arts of business. To fall under this category, you must be able to show that your ability is significantly above the normal that is expected in these areas. While this may appear subjective, there are certain criteria which can be used to demonstrate. To be classified as someone with exceptional ability, you must be able to prove that you meet at least three of the following:

  • Academic record showing some related degree, diploma or other;
  • Documentation of a decade of experience in the area of interest;
  • A license or certification showing you are able to practice;
  • Evidence of a salary which showcases your value and ability;
  • Active memberships in related professional association(s);
  • Recognition for your achievements in your area of interest; and
  • Comparable evidence which shows, without a doubt, your ability.
  • The final category is someone who falls under the “national interest waiver.” This is someone who believes that the labor certification should not be required because it is the best interests of the United States for them to be granted entry into the country. In most cases, those who are interested in being eligible for an EB-2 visa are able to self-petition; however, they still must show that they are eligible. This can be done in the same manner as proving eligibility for having exceptional ability – but proving three of the above factors.

    Requirements for EB-2 Visa Holder Families

    If you are looking to obtain an EB-2 visa, you are likely curious about what will happen to your family. Will they be able to come with you? How long will they be able to stay? The truth is that if you are looking to have your family accompany you into the country while staying on an EB-2, it is possible. EB-2 visa holders, along with their wife and children under the age of 18 will be able to enter into the country on the E-21 and E-22 immigrant status. They will also be eligible to file and seek permanent residency during this stay.

    Importance of Contacting a New York Visa Lawyer

    Every year, there are about 40,000 visas which are allotted for those classified as second preference, as well as any unused slots left over from the first preference visas. It is therefore extremely important that you get a New York immigration attorney on your side who will be able to help you navigate through this legal process. Visas can be complex to file for – you want to be sure that you have proper documentation, are filling out the forms correctly and are filing on time. This is simply not the time to entrust your future to the whims of fate. You need to be represented by a seasoned legal professional who will be able to guide you through every step.