EB-2 Visa

Employment-Based Immigration: Second Preference EB-2

A foreign national may be eligible for an employment-based, second preference visa (EB-2)if he or she is a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability.

EB-2 Advanced Degree

The job  must require an advanced degree and the foreign national must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field).

Documentation, such as an official academic record showing that the foreign national has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that he or she has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing documenting at least 5 years of progressive post-baccalaureate work experience in the specialty.

EB-2 Exceptional Ability

The foreign national must be able to show exceptional ability in the sciences, arts, or business.  Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”

The foreign national must submit documentary evidence demonstrating she or he meets certain criteria.

Employment-based, second-preference (EB-2) petitions must generally be accompanied by an approved individual labor certification from the Department of Labor.

Family of EB-2 Visa Holders

Spouse and children of EB-2 visa holders under the age of 18 may be admitted to the United States in E-21 and E-22 immigrant status, respectively. During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD).

Allen & Pinnix, P.A. has a long history representing employers and foreign nationals in EB-2 petitions.  Due to the criteria which must be met and strict filing guidelines, we encourage you to meet with one of our experienced immigration lawyers before attempting to file an EB-2 petition.  Schedule a consultation here or call our office at 919.755.0505.

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