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EB2 Visa Attorney For Exceptional Abilities

ILG’s EB2 Visa Lawyers, with over 25 years of experience, are dedicated to offering strategic legal representation for US immigration to clients worldwide. We prioritize every client and case, acknowledging the substantial benefits that immigration brings to the United States.

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What is an EB2 Visa

Embarking on the journey towards an EB-2 visa opens doors to lawful permanent residency in the United States, tailor-made for individuals with advanced degrees or exceptional abilities. This unique pathway, guided by a sponsor, often your employer, unfolds through a Permanent Employment Certification (PERM) or a National Interest Waiver (NIW).

The EB-2 visa, a key player in employment-based immigration, particularly benefits professionals holding advanced degrees or demonstrating extraordinary ability. An immigration lawyer, versed in the key differences between EB-2 and EB-2 NIW categories, provides comprehensive guidance through the labor certification process and beyond. Navigating the United States Citizenship and Immigration Services (USCIS) process, a DC immigration lawyer is your dedicated partner in securing a green card and permanent residency status.

EB2 Visa Requirements

  • If you wish to go on the journey to U.S. permanent resident status with the EB2 visa, explore the specific eligibility criteria for each subcategory:

For EB2A – Advanced Degrees

To qualify for the EB2A visa, possess one or more advanced degrees, including a bachelor's degree, master's degree, or its equivalent. Additionally, accumulate at least 5 years of progressive work experience. Required documents include:

- Official academic records reflecting advanced and bachelor's degrees.
- Recommendation letters from current or former employers showcasing your work experience.
- Notable qualifying advanced degrees include Master’s, Ph.D., Juris Doctor (J.D.), or M.D. (medicine).

For EB2B – Exceptional Ability

EB2B demands exceptional ability in arts, sciences, or business, adding substantial merit and value to the U.S. economy, education, or culture. A U.S. job offer is crucial. Required documents include:

- Proof of 10 years of full-time working experience.
- Academic qualification records, licenses, and certifications.
- Evidence of professional recognition and association memberships.
- Confirmation of a moderate salary aligned with your exceptional ability.

For EB2C – National Interest Waiver

EB2C allows applying without a U.S. job offer or labor certification, emphasizing national interest. Required documents mirror EB2B with additional considerations:

- Proving the importance of the foreign national's proposed endeavor.
- Demonstrating readiness to advance the proposed endeavor.
- Establishing how waiving the job offer and labor certification benefits the United States.

EB2 Visa Application Process

Navigating the EB2 visa application process requires a clear understanding of the distinct steps for EB2A, EB2B, and EB2C categories. Here’s a breakdown:

EB2A & EB2B Application Process

- Permanent Labor Certification: Employers must obtain a PERM from the US Department of Labor, demonstrating the job's professional nature, availability to US workers, necessity for a foreign worker, and compliance with prevailing industry pay.
- Form I-140 Submission: After PERM approval, employers submit Form I-140, the USCIS green card petition. This includes necessary fees and requested information/documents.
- Wait for Priority Date: Once submitted, applicants await a "current" priority date per the visa bulletin, leading to interviews and biometrics services when applicable.

EB2C Application Process (National Interest Waiver)

- Direct Form I-140 Filing: Unlike EB2A and EB2B, EB2C applicants skip the PERM step. They directly file Form I-140 with USCIS, available on the official website, paying the filing fee.
- Receipt Notice Confirmation: After filing, a USCIS receipt notice confirms the petition receipt. Await the interview date.
- Adjustment of Status or Consular Processing: For applicants already in the US, file Form I-485 to adjust status. If outside the US, undergo consular processing at a US embassy or consulate, obtaining an immigrant visa.

Why ILG & How We Help

Navigating the intricacies of immigration law, especially in securing employment-based green cards, necessitates the expertise of a skilled attorney. Here’s why ILG is the intelligent choice:

Comprehensive Understanding of Immigration Law

ILG’s employment-based green card attorneys specialize in immigration law, ensuring a deep comprehension of the complex legal aspects involved in the application process. With over two decades of experience, our Washington, D.C.-based Immigration Law firm possesses extensive knowledge of immigration law intricacies.

Tailored Solutions for Unique Concerns

Recognizing the uniqueness of each employment-based green card case, ILG’s experienced immigration attorneys design personalized approaches. Whether it involves establishing a new office, employee transfers, or permanent residency, this customized strategy significantly enhances the likelihood of success.

Proven Track Record of Achievements

Attorney Glen Wasserstein, featured in interviews by major networks such as NBC, BBC, and Fox News, has a history of success. An experienced employment-based green card lawyer with a track record of accomplishments demonstrates the ability to navigate immigration law complexities, instilling confidence in clients seeking dependable immigration solutions.

EB2 Visa Necessary Documentation

To fulfil EB-2 visa requirements, you must submit the following documents:

Advanced Degree (EB2A)

- Official academic record displaying your U.S. advanced degree or a foreign equivalent degree.
- Alternatively, an official academic record indicating your U.S. baccalaureate degree or a foreign equivalent, along with letters from current or former employers validating five years of progressive post-baccalaureate work experience.
- If a doctoral degree is typically required, a United States doctorate or foreign equivalent degree is necessary for eligibility.

Exceptional Ability (EB2B)

- Evidence meeting at least three of seven criteria set by USCIS, including academic records, employment letters, professional licenses, recognition, association memberships, evidence of commanded salary, or other comparable proof of eligibility.
- Satisfy all Labor Certification requirements as applicable.

National Interest Waiver (EB2C)

- Same documentation as EB2B; additional considerations for NIW cases include proving the proposed endeavour's national importance and significance.
- Demonstrating readiness to advance the proposed endeavour.
- Establishing how waiving the job offer and labor certification benefits the United States.

Timelines and Processing

EB2 Visa Timelines and Processing Duration

After petition submission, your wait for an available visa number is determined by the category's chronological order. Due to the annual cap on EB2 visas, USCIS processes petitions on a first-come, first-served basis. On average, Form I-140 processing takes 6 to 9 months. Opting for Premium Processing shortens this to just 15 days, allowing you to fast-track your EB2 visa with USCIS. Stay informed by regularly checking with USCIS and the monthly visa bulletin for open spots.

EB2 Visa Renewal Procedures

Opting for E2 visa renewal through the US Consulate or US Embassy is a seamless, convenient, and cost-effective choice for many applicants. Follow these steps:

- Submit DS-160 Form
File the DS-160 form with your Department of State.

- Pay DS-160 Filing Fee
Complete the required fee payment for the DS-160 form.

- Fill Out DS-156E Form
Download and complete the DS-156E form along with the necessary supporting documents.

- Submit Forms and Documents
After completing all required forms and gathering necessary documents, submit them for processing.

- Interview at the US Consulate
Attend an interview scheduled by the US Consulate.

Client Reviews

What an amazing team to work with. SO grateful for Jen, Catherine and the whole team, who worked so hard and were so patient with us through this whole process of obtaining our green cards. They are truly experts and can be trusted without a doubt to help you with your immigration needs! Utmost professionals and a pleasure to work with.

Sarah C.

Immigration Law Group has a wonderful team of lawyers. They handled my h1b and permanent residence paperwork in a way that really made me feel comfortable and brought me peace through a very stressful time. they are on top of things and always answered my questions in a timely manner. I highly recommend them if you want to make sure everything goes perfectly.

Kiran M.

Everyone at Immigration Law Group, from the attorneys to support staff, have been nothing but helpful, well-informed, and courteous to me from the start until now. Jen, and Catherine in particular, have been super helpful in explaining complicated procedures and processes in easy to understand ways–yet not dumbing down to the level where they are leaving out important details. I feel confident and knowledgeable with ILG working on my case, and there’s a personal level of communication and trust, which also puts me at ease during a difficult and tricky process. I highly recommend Immigration Law Group–I’m so glad I found them!

Andrew O.

We are very satisfied with the Immigration Law Group and the services they had provided us so far. They have very capable staff that is always on top of our cases and help us navigate them successfully. We have had great success with all cases and their rates are very reasonable. They know Immigration law better than any other law firm we worked with. I would recommend them without hesitation!

Alina T.

Frequently Asked Questions (FAQs)

The EB2 visa stands out as a distinctive immigration pathway designed for individuals with advanced degrees or exceptional abilities, offering an exclusive avenue for highly skilled professionals and experts in their respective fields. This specialized focus ensures that the United States attracts and retains top-tier talent, contributing to the country’s growth and innovation.

Absolutely. Individuals with a baccalaureate degree or its foreign equivalent can qualify for the EB2A category. To meet the requirements, they need to complement their educational background with at least five years of progressively challenging work experience in their specialized field. This inclusive approach acknowledges the value of practical experience alongside formal education.

In the EB2B category, USCIS defines “exceptional ability” as possessing a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. This recognition emphasizes accomplishments, professional recognition, and substantial contributions, creating a high standard for individuals seeking this particular immigration option.

The EB2C category’s eligibility sets itself apart by waiving the traditional requirements of a job offer or labor certification. This unique feature enables individuals to independently apply based on their extraordinary abilities and substantial contributions to the U.S. national interest, showcasing the government’s acknowledgement of their invaluable impact.

Yes, premium processing is a valuable option across all EB2 visa categories. It expedites the processing timeline for Form I-140 to a swift 15 days, offering a faster route for applicants eager to streamline their immigration journey. While this service incurs an additional fee, it provides a timely solution for those seeking an expedited assessment of their EB2 visa application.

We’re ILG, your Immigration Specialists

We Believe in Immigration. We ensure that all our clients get the best chance to a new life in the United States.