EB-2 Visa Classification

The EB-2 classification refers to a preference category for United States employment-based permanent residency. It’s specifically meant for people with advanced degrees or exceptional abilities in the arts, sciences, or business. This classification offers a pathway for qualified professionals to immigrate to the U.S. based on their skills and contributions.

When Can a Petition Be Filed for a Foreign Professional?

Under immigration laws, a petition for a foreign professional under the EB-2 classification can be filed when an eligible U.S. employer intends to hire the professional for a permanent role. The position should typically require an advanced degree or its equivalent, or the professional should possess exceptional expertise in their field. Before filing, the employer often must obtain a labor certification from the Department of Labor, demonstrating that no U.S. workers are available to fill the position.

What Kind of Evidence Is Necessary?

When we discuss the EB-2 classification for advanced degree holders, the prerequisites are set to recognize truly knowledgeable professionals in their respective domains.

Evidence of Advanced Degree or its Foreign Equivalent

For a foreign professional to be considered under this category, they should ideally have an advanced degree from a U.S. institution or a similar qualification from a foreign institution. This means that if you’ve pursued, say, a master’s or doctorate in your specialization from any recognized university worldwide, this degree can be your ticket for the EB-2 classification, provided it’s considered on par with U.S. qualifications.

Baccalaureate Degree with Experience

On the other hand, a U.S. baccalaureate degree needs to be accompanied by at least five years of progressive work experience in the related field. The term “progressive” is important here. It implies that the applicant’s role, responsibilities, and contributions over these five years should show growth and evolution, indicating a trajectory of expertise and leadership in the domain.

Exceptional Ability Requirement

Professionals claiming exceptional ability are positing they stand a cut above the rest in their field. The criteria set for this category are designed to ensure that only genuinely exceptional individuals are recognized.

Academic Records

Academic records play a crucial role. The degrees and academic accolades an individual earns provide insight into their foundational knowledge. It is not just about having a degree but the relevance of that degree to the claimed area of exceptional ability.

Letters of Experience

Documentary proof of experience, especially letters that detail a minimum of 10 years in the field, serves as a testament to an individual’s long-term commitment and contributions to their profession. These letters should ideally come from past employers or recognized professionals in the industry, highlighting significant achievements, roles undertaken, and the duration of employment or collaboration.

Professional Licenses or Certifications

A license or certification offers tangible evidence of a professional’s recognized ability in their domain. For instance, a medical doctor would hold a license to practice medicine, showcasing their educational qualifications and adherence to professional standards and ethics.

Salary History

One’s salary history, especially if it showcases remuneration well above the industry average, can indicate exceptional ability. Earning a higher wage correlates with the value and rarity of a professional’s skills in the market.

Professional Association Memberships

Memberships in professional associations underline an individual’s commitment to staying updated, networking with peers, and contributing to the evolution of their field. Such associations often have stringent membership criteria, ensuring only dedicated professionals are included.

Recognition or Awards

Lastly, receiving awards or other forms of recognition from reputed bodies or institutions in the field can be pivotal. Such accolades testify to an individual’s significant contributions, innovations, or expertise that sets them apart from their peers.

How Do I Apply for EB-2 Classification?

When a U.S. employer identifies a foreign professional they wish to sponsor under the EB-2 classification, the first official step is the submission of Form I-140, titled “Immigrant Petition for Alien Worker.” This form acts as a formal request to the U.S. Citizenship and Immigration Services (USCIS) to recognize the foreign worker’s credentials and the genuine need of the employer.

In this petition, the employer provides crucial details about their organization and outlines the qualifications and credentials of the foreign professional, emphasizing why they are an essential addition to the U.S. workforce.

Green Card Application: After Approval of the I-140

With the approval of the I-140 petition, the foreign professional comes closer to achieving the dream of working and residing in the U.S. However, the approval alone doesn’t grant them the right to live permanently in the country. It simply paves the way for the next steps.

If the foreign professional resents outside the U.S. when the I-140 gets approved, they must wait until a visa number becomes available. Visa numbers are limited annually based on country and visa classification, so there might be a waiting period. Once the visa number is available, the professional can apply for an immigrant visa through a U.S. consulate in their home country. This process involves attending an interview, undergoing a medical examination, and providing further documentation to validate their eligibility.

Adjustment of Status for Professionals in the U.S.

The process is slightly different for foreign professionals already in the U.S. on another visa when the I-140 is approved. Instead of applying for an immigrant visa, they can directly apply for an “adjustment of status.” This process allows them to transition from their current visa status to that of a Lawful Permanent Resident, commonly called holding a Green Card. This is a significant advantage as it means the individual doesn’t need to leave the U.S. to complete their application. They can continue living, working, and even traveling (with certain restrictions) while their permanent residency application is processed.

Do I Need an Experienced Immigration Law Attorney?

The U.S. immigration system is vast and multifaceted, encompassing many visa classifications, intricate processes, and numerous forms to be filled out with utmost precision. A minor oversight or a simple error can jeopardize your application, potentially leading to lengthy delays, additional costs, or even denials. Additionally, the consequences of misinterpreting a guideline or missing a deadline can have profound personal and professional repercussions.

With an experienced immigration lawyer, you can be confident that your application is in capable hands. Such attorneys have often spent years, if not decades, understanding the nuances of immigration laws, staying updated with frequent policy changes, and gaining hands-on experience with various case scenarios.

For specific visa classifications, like the EB-2, there’s a need to present compelling evidence and documentation that underscores your qualifications or exceptional ability. An immigration attorney will know how best to structure this evidence and how to present your case in the most favorable light.

If you’re dealing with more sensitive issues like deportation proceedings, the stakes are even higher. In such situations, having someone well-versed in the intricacies of immigration laws can mean the difference between staying in the U.S. and facing removal. An attorney can advocate, ensuring your rights are protected and exploring every possible legal avenue.

LegalMatch offers an efficient and trustworthy platform to connect you with seasoned EB-2 lawyers. These professionals deeply understand the system and are committed to guiding their clients through every step of the immigration journey.

With LegalMatch, you’re not alone in this journey. By connecting with the right attorney, you enhance your chances of a favorable outcome and reduce the stress associated with the complexities of U.S. immigration procedures.