Find Out How Our Dallas EB-2 Visa Attorney Can Help
At Pollak PLLC, our Dallas EB-2 visa lawyer has the professional skills and legal knowledge that you can rely on for guidance through the immigration application process. If you have any questions about applying for an EB-2 visa, we are here to help. For a confidential, no obligation consultation with a Dallas immigration lawyer, please contact us today.
The EB-2 visa is an immigrant visa (preference category two) for U.S. employment-based permanent residency; it was created by the Immigration Act of 1990. EB-2 visas are second preference visas –– as opposed to EB-1 visas (first preference) and EB-3 visas (third preference).
EB-2 visas are reserved for individuals who:
Though, the federal government can issue a ‘National Interest Waiver’ (NIW) to allow individuals who might not meet certain requirements to get an EB-2 visa. There is a limit on the number of EB-2 visas that can be granted each year. Unfortunately, backlogs are an issue. Your application priority date determines your spot in line.
EB-2 visas are employment-based, meaning that the alien in question must immigrate to secure a position in the U.S. A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate), and the alien possesses such a degree or the equivalent. Alternatively, the alien may have a bachelor’s degree and at least five (5) years of experience. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty.
In order to achieve the classification of “exceptional ability” in the sciences, arts, or business, the alien must provide documentation for at least three of the following:
There is one final way that an alien can attain an EB-2 visa. In some instances, aliens may be granted an EB-2 visa based on the National Interest Waiver (NIW). An NIW removes the requirement for a labor certification. To successfully apply for an NIW, an alien must 1) demonstrate that their immigration is of “national interest” to the U.S. and 2) meet at least three of the above criteria.
A visa applicant’s priority date determines their place in line for a visa or green card. Since the EB-2 visa is an employment-based visa and requires a labor certification, the priority date for an application is established when the Department of Labor receives a labor certification application. An applicant’s priority date will determine the order in which their case is reviewed. (So cases filed in March of 2019 will come under review before those filed in June of 2019.)
The EB-2 application process generally follows three steps.
As mentioned above, an EB-2 visa is one of several employment-based visas available to alien workers. The others are EB-1 and EB-3 visas. EB-1 visas are reserved for aliens who are outstanding professors, researchers, certain multinational executives and managers, or individuals with “extraordinary ability.” Applicants for EB-3 visas, meanwhile, include professionals, skilled workers, and other workers.
At Pollak PLLC, our Texas immigration lawyer has the skills and experience to assist clients with EB-2 visa applications. Contact us at (505) 883-5000 to arrange your confidential, no obligation initial consultation. With an office in Dallas, we represent people and families throughout Texas.
Our managing EB-2 attorney Karen-Lee Pollak and experienced immigration support team will work with you to determine the best possible employment preference category for you.
Our firm provides full-service professional legal advice and representation to help you find an immigration solution to your visa needs. Please contact us to discuss your Immigration options.
Contact us today to speak with our managing attorney Karen-Lee Pollak and experienced immigration support team.