EB-2 Visas

Immigration Attorney for EB-2 Visas in Phoenix and San Francisco

EB-2 Visas are your pathway to work and live permanently in the United States at employer expense. You may qualify for an EB-2 Visa if you can show that you are an advanced degree professional and an employer has a job opening, or if you can show that you possess a high level of extraordinary ability.
For employment based immigration first and second preferences, an employer sponsor or job offer is typically required. 

We will be able to advise you if an employer or job offer is necessary for your case. The State Department offers a limited number of employment based second preference green cards each year, and therefore there is currently a green card backlog for certain positions in the second preference category.

Call 602-353-7795 or request a consultation online with Kanu & Associates, PC.

Qualifications for EB-2 Advanced Degree Visa

To be eligible to receive an EB-2 Advanced Degree Visa, you must satisfy most of the following conditions:

• Hold an advanced degree, which is a masters or higher
• Have an equivalent level of education, such as a bachelors degree followed by at list five years of experience in your field
• Have a job offer and permanent employment in the United States and your employer must obtain a labor certification for you (unless your job is designated as a National Interest Waiver)
• Your prospective employer must also be able to prove that no similarly qualified U.S. workers are available
• Documentation that proves you have exceptional ability must also contain at least three of the following:

Qualifications for EB-2 Exceptional Ability Visa

Additionally, you may be eligible to apply for this visa if you possess “exceptional ability” in the sciences, arts, or business. Although this applies more broadly than the “advanced degrees” requirement.

EB-2 exceptional ability visas often require proof of employment because these findings are based on a degree of expertise indicating that the individual is one of the small percentage who has risen to the very top of the field of endeavor and he or she has a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. Expertise in the sciences, arts, or business is sufficiently demonstrated through at least three of the following means:

• An official academic record showing that the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;
• A license to practice the profession or certification for a particular profession or occupation;
• Proof that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;
• Evidence of membership in or association with entities that require outstanding achievements, judged by recognized national or international experts in the field or the origin;
• Documents that show the alien has either written articles that have been published on majors media or professional or industry publication relating to the field; or have been asked to judge the work of others, either individually or on a panel

How Does Retrogression of Priority Dates affect your EB Green Card Application

Retrogression of priority dates affects your EB green card application depending on your situation; however, it cannot prevent your green card approval. Like many people who have been waiting for years for a green card, you may be rejoicing that your green card is finally approved.

 If your application is approved but your priority date is still not current, you will get a notice known as an Approval Notice Before the Visa is Current, also known as a Notice of Approval. This means that your I-140 has been approved and it stays locked in with the old priority date. Once you receive this updated priority date, it is now safe to start changing employers if this is the step you intend to refuse.

What Can an EB-2 Visa Be Used For?

• International Relations Managers
• Candidates with Exceptional Ability
• Job offers requiring an advanced degree.
• Job offers requiring a baccalaureate degree, plus 5 years of progressive experience in the field.
• Foreign Physicians

The EB-2 Visa Application Process

To file under the EB-2 Advanced Degree Visa, the job must require an advanced degree and the employer typically must first get a labor certification application in to the appropriate Department of Labor office. If you have filed for a National Interest Waiver, you do not need to satisfy these requirements.

1. The employer must also prove that no other applicants in the United States have qualifications for the position. The United States Citizenship and Immigration Services (USCIS) defines “advanced degree” as any degree that is a step above a baccalaureate degree.
2. For the EB-2 Exceptional Ability Visa, you must present at least three of these types of documentation to prove exceptional ability: licenses, degrees, performance evaluations, membership in professional organizations, receipt of professional accomplishments, and recognition of extraordinary abilities in certain industries or fields.
3. If you are a physician seeking an EB-2 Visa, you must also obtain a SF-1A form from the Department of State to prove you have the appropriate qualifications.
4. The business or your employer must file an I-140 petition with USCIS. After approval of your I-140, individuals in certain categories will need to wait for their priority date (preference category) to become current before they can proceed to the last step of the case, actual green card issuance or adjustment of status.
5. Persons of extraordinary ability and those who request a National Interest Waiver can proceed with filing their I-485 application to adjust status, registration for permanent residence, at any time. Any dependents who derive their immigration status from the employee, such as children or the alien’s spouse, may file a concurrent I-485 to adjust their status; however, dependents who do not derive their immigration status from the employee, such as a parents spouse or child over 21 years of age, may not file their I-485 until the employee’s priority date becomes current.

Do You Need an Immigration Attorney for This Process?

The immigration process may seem like a straight-forward and easy thing to do on your own if you review mechanisms of the EB-2 Visa. Additionally, many people also believe that how a green card functions is simple to understand. The reality is that the immigration process is bustling with numerous intricate details and operations that you may not be aware of and the timeline of becoming a green card holder can vary from case-to-case. 

A simple mistake or missed deadline can bait your plans to work and live in the US and put you on the other side of immigration. Purchasing a home or car or planning to get married in your foreign country is highly discouraged because it is considered immigration fraud; however, immigration fraud can still be charged in situations where you demonstrate marriage for immigration status.

Thorough and Specific Documentation Required for EB-2 Visas — Many applicants assume that they possess the necessary documentation to submit their application soundly, yet the way they present documentation can lead to a visa denial or rejection.

Given this, it is important that your case is prepared by an experienced immigration attorney who understands the requirements and adjudication process. Our legal team at Kanu & Associates, PC has experience handling employment-based green card petitions and will be able to guide you through this complex process.

• We will protect you from immigration fraud and ensure that your rights are not only protected but exercised.
• We will do the research about all immigration interview locations you might be required to go to bridge the gap between the United States and your foreign country and provide you options about what can be expected.
• We offer no-cost to low-cost consultation as well as case evaluations to help you determine which process is in your best interest.
• Expect that every how immigration case is different from the ones we have had in the past, so we want to ensure you that you receive valuable legal services.

Types of Evidence to Satisfy Advanced Degree EB-2 Green Card Requirements

Applicants who meet the advanced degree requirements for the EB-2 green card should gather the required evidence and documents to prove they graduated in the field before beginning the application process. That will help prevent delays and ensure nothing is left to chance.

We may need the following types of documents to prove you have an advanced degree that qualifies you for an EB-2 green card:

• Transcripts
• Course catalogues
• Petition letters from an academic advisor or employer
• Other relevant documentation

Our law firm's immigration lawyers for green cards will review the education requirements with you and work with you to ensure you, or your employee, can readily provide the appropriate documents to meet the advanced degree requirements for EB-2 green cards.

Quota Restrictions and Priority Date Backlog

As stated above, while anyone from any country can apply for an H1B Visa, only a certain volume of outlined H1B visas are offered to specific countries based on the availability of the visa.

Those with pending visa petitions are highly recommended to regularly check how this outside factor affects their case.

At Kanu & Associate, PC, our immigration lawyers can guide you through this back-logged period. We represent all nationalities and we take pride in the work we put force and effort in to minimize, reduce, or eliminate time outside the United States.

EB-2 Visas in Phoenix and San Francisco

If you are considering an EB-2 Visa or you are an employer who wants to help a foreign employee through the green card process, Kanu & Associates, PC is here to help. Our immigration law firm has been handling these types of petitions for many years and offers highly- specialized assistance. We know that everyone's situation is unique, which is why we offer individualized case evaluations for our perspective clients. We look forward to seeing how our immigration lawyers can be of service!

Don't travel down your immigration journey alone. Seek a competent immigration attorney to provide you with legal support and advice.

Calls 602-353-7795 or online consultation completing our survey when you schedule it.