An EB—or employment-based—visa allows foreign individuals to live and work in the United States. This visa differs from other work visas because it provides a pathway to citizenship. The EB-2 is an immigrant visa that provides a worker with lawful permanent resident status and the opportunity to stay in the country indefinitely.
If you want to pursue an EB-2 work visa, you can work with a work visa lawyer with Bogin, Munns & Munns. Our immigration attorneys can help you deal with your prospective employer, collect legal documents, and navigate the legal process. Contact us today to work with a Kissimmee EB-2 work visa lawyer and get the guidance you seek.
How Do I Apply for an EB-2 Visa in Kissimmee?
Unlike other work visas, you will not apply directly to U.S. Citizenship and Immigration Services (USCIS) for an EB-2 visa. While there are steps you must take to secure a visa, your employer must initiate the process.
In fact, applying for an EB-2 visa does not start with USCIS. The first step in the process begins with your employer contacting the U.S. Department of Labor (DOL), which issues permanent labor certifications. These certifications confirm the legitimacy of the job itself. Once the DOL issues the certificate, your prospective employer must seek authorization to hire an immigrant through the EB-2 program.
At that point, the applicant must complete forms. In addition to providing proof of your identity, you must establish your credentials. This typically involves providing academic records that prove you have an advanced degree.
To consult with an experienced eb-2 work visa lawyer serving Kissimmee
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When Do I Qualify for an EB-2 Visa?
There are different ways you could qualify for an EB-2 visa. While most people on this path hold some advanced degree, other options exist for securing an EB-2 visa. You could also qualify with a bachelor’s degree or even without a degree, depending on your work experience and ability.
This type of visa also typically requires you to have employment waiting for you to qualify. Specifically, your employer must have secured a labor certification from the DOL before it can start the visa process on your behalf. However, the good news is some exceptions could allow you to obtain an EB-2 visa without a labor certification.
When You Have an Advanced Degree
An advanced degree is the most common way to obtain an EB-2 visa. An advanced degree includes any degree above the baccalaureate level earned from a U.S. university. USCIS will also consider foreign degrees if they are the equivalent of an advanced degree in the U.S.
There is an exception that could allow you to qualify for an EB-2 visa with only a bachelor’s degree. This exception requires that you supplement your bachelor’s degree with work experience. You must have five years of relevant work experience in your field, and that experience must have been earned after you obtained your degree.
When You Exhibit Exceptional Ability
There is also an option for obtaining an EB-2 visa without a degree. If you lack an advanced or bachelor’s degree with relevant experience, you could secure a visa by demonstrating exceptional abilities in certain fields of work. These fields include business, the sciences, and the arts.
To qualify for a visa, you must show your exceptional ability will substantially benefit the welfare of the United States. USCIS considers exceptional ability to be skilled in a field significantly higher than what is typically found in that line of employment.
When You Secure a National Interest Waiver
A third option to be aware of involves the waiver of the labor certification requirement. While you still must either hold an advanced degree or display exceptional ability, this option allows you to obtain an EB-2 and move to the United States to work without having a standing offer of employment.
This approach is only possible if you can secure a National Interest Waiver. While there are limitations on self-petitioning for an EB-2 visa, you no longer must be sponsored if you qualify for a National Interest Waiver.
Of course, there are strict limitations on these waivers. For example, some of the factors USCIS considers in these cases is whether allowing you to live and work in the country will improve the economy or improve international cultural understanding at the request of a government agency.
Can I Change Careers With a National Interest Waiver?
It is vital to remember that once you are granted an EB-2 visa through a National Interest Waiver, you must remain in the same profession. This is because your visa was granted contingent on your skills benefiting the national interest and changing careers might not offer those same benefits.
That does not mean you are locked into the same career forever. However, you will need to pursue some type of adjustment of your immigration status before you can change careers. This could involve becoming a citizen of the United States, or it could result from an employer sponsoring you and obtaining a labor certificate in a different line of work.
Kissimmee EB-2 Work Visa Lawyer Near Me
(855) 780-9986
Our Kissimmee EB-2 Work Visa Lawyer Can Help You – Call Us Today
Obtaining an EB-2 visa could be life-changing for you and your family. In addition to living in the U.S. and working in the country, you could also have a clear path to becoming a citizen in the future.
The immigration attorneys of Bogin, Munns & Munns understand how important your dreams are. We will work tirelessly to get you the best possible outcome for your visa application. Whether you have a qualifying offer of employment or are petitioning for a National Interest Waiver, let a Kissimmee EB-2 work visa lawyer with our firm help you. Call today for a free consultation.
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