An EB-2 visa allows certain foreign workers to live in the U.S. while advancing their careers. What’s more, these are migrant visas. This means if you are awarded an EB-2 visa, you can work toward becoming a U.S. citizen.
If you are seeking an opportunity to work in the United States and potentially relocate to the country for good, our work visa lawyers could help you meet your goal. However, before you attempt this process on your own, you could talk with a Leesburg EB-2 work visa lawyer at Bogin, Munns & Munns, and explore your options and next steps.
What Is the Process for Applying for an EB-2 Visa?
Securing an EB-2 work permit differs from many other types of visas—particularly migrant visas. With most visas, it is up to the applicant to initiate the process by filing a petition with United States Citizenship and Immigration Services (USCIS). That is not the procedure for an EB-2 visa, however.
With an EB-2, the process begins with your employer. Not only does your employer have to file the petition to begin the process, but this process does not begin with USCIS. Instead, your employer generally must apply for a permanent labor certification from the U.S. Department of Labor (DOL). It is possible to have this requirement waived in some cases. Your employer must also file for Form I-140 once USCIS grants the labor certification.
There is also a financial component to this process. In addition to filing all the necessary paperwork, you must pay several processing and filing fees. You must pay these fees before USCIS processes your paperwork. In addition to the visa processing fee, there is a fee for filing Form I-140 with the DOL. The Leesburg immigration attorneys at Bogin, Munns & Munns could assist you with this process.
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Do I Qualify for an EB-2 Visa?
Not everyone qualifies for an EB-2 visa. This type of work permit is primarily reserved for foreign nationals that hold advanced degrees. There is a need for specialized workers in the U.S., and EB-2 visas allow employers to fill the gap with talented foreign workers.
As with most visas, there are specific rules to consider and exceptions to know. For example, there is an opportunity to obtain an EB-2 visa even if you don’t have an advanced degree. Instead, you could possibly meet that requirement through exceptional ability or relevant work experience.
Most people applying for an EB-2 visa must have an offer of employment for a U.S.-based business. This offer must come with a work certificate from the DOL. However, you could obtain an EB-2 without having an employer sponsor you if you can show it is in the national interest to award you the visa.
You Have an Advanced Degree
Holding an advanced degree is one way to secure an EB-2 visa. While this is typically something above a bachelor’s degree from a U.S. university, you could also qualify if you have a foreign degree equivalent to an advanced one.
You might also qualify for an EB-2 visa with a bachelor’s degree instead of an advanced degree. In this situation, you can only qualify if you have a bachelor’s degree along with the required work experience. This work experience must have lasted for five years or more and occurred after you secured your degree.
You Have Exceptional Ability in Your Field
Not everyone with an EB-2 work visa holds an advanced degree. In fact, not everyone with this visa requires a degree. If you can show you have exceptional ability in your field, you could qualify for an EB-2 work visa. This is a high bar, as the government defines exceptional ability as something far above what is standard in your industry.
You Secured a National Interest Waiver
There is also the possibility of obtaining an EB-2 without first securing employment or a labor certification. With this path, you will still need either an advanced degree or exceptional ability in your field. However, you could qualify for an EB-2 without a viable employment offer if you can show that awarding you the visa is in the national interest.
To qualify, you must demonstrate that your work in this country will benefit national interests while holding “substantial intrinsic merit.” While this is a subjective term, it aims to limit this option to those whose work genuinely aids the U.S. on a business or cultural level.
Can I Bring My Family to Leesburg, FL, on an EB-2 Work Visa?
One of the benefits of obtaining an EB-2 visa is that it provides not only you with the opportunity to live and work in the United States but your loved ones as well. According to federal law, you can sponsor your spouse as well as any of your unmarried children that are under 21 years of age.
For your spouse to enter the country, they must apply for an E-21 visa. Likewise, your unmarried children must apply for an E-22 visa. There are also opportunities for married or older children, but that visa process is typically longer.
In addition to living in the United States, a spouse obtaining an E-21 could also have the right to work here. This is possible by obtaining an Employment Authorization Document (EAD). Once we review your situation, we can advise you on the specific steps to take.
Leesburg EB-2 Work Visa Lawyer Near Me
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Call Us Today for Help From a Leesburg EB-2 Work Visa Lawyer
Pursuing an EB-2 work visa can be as rewarding as it is challenging—especially without the guidance of skilled legal counsel. Mistakes can be made when you act as your own attorney, and these mistakes could put your application at risk.
Let the Leesburg EB-2 work visa attorneys of Bogin, Munns & Munns put their years of legal experience to work for you. Our immigration attorney team understands what goes into a successful visa application, and we are ready to help you navigate the process. Call today for a free consultation.
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