Advantages of the EB2 Visa
The EB2 visa offers numerous benefits, making it a highly desirable option for professionals and employers alike.
Pathway to Permanent Residency
Successful EB2 applicants are granted a green card, allowing them to live and work permanently in the United States. This provides long-term stability and the opportunity to eventually pursue U.S. citizenship.
Broad Eligibility
The EB2 visa accommodates a wide range of professionals, from engineers and scientists to artists and business leaders. Its versatility makes it a popular choice for many skilled workers.
Priority Processing for NIW Applicants
Applicants under the National Interest Waiver (NIW) subcategory can bypass the labor certification process and self-petition. This significantly reduces processing times and offers greater flexibility.
Opportunities for Employers
For U.S. employers, sponsoring an EB2 visa allows access to a global pool of talent. Employers can attract highly skilled professionals to fill critical roles that require advanced expertise.
Despite these advantages, the EB2 visa application process involves strict requirements and careful preparation. At Pollak PLLC, we help clients maximize these benefits by ensuring every detail of their application is meticulously handled.
Eligibility Requirements for the EB2 Visa
EB2-A: Advanced Degree Professionals
Applicants must demonstrate that their job requires an advanced degree and that they meet the qualifications. This includes:
- Holding a U.S. master’s degree or foreign equivalent.
- Possessing a bachelor’s degree plus five years of progressive experience in their field.
- Providing evidence such as diplomas, transcripts, and letters from employers verifying work experience.
EB2-B: Exceptional Ability
Exceptional ability applicants must demonstrate significant expertise in their field through at least three of the following:
- Recognition for achievements in their profession.
- Membership in professional associations.
- Published work in professional or major media.
- Evidence of original contributions to their field.
- Commanding a high salary indicative of exceptional ability.
EB2-C: National Interest Waiver
NIW applicants must show that their work benefits the U.S. on a national scale and outweighs the need for a labor certification. Key criteria include:
- The applicant’s work has substantial merit and national importance.
- The applicant is well-positioned to advance their proposed work.
- Granting the waiver aligns with the national interest.
Our team at Pollak PLLC helps clients identify the right subcategory, ensuring they meet the specific requirements and present a compelling case to USCIS.
The EB2 Visa Application Process
Applying for an EB2 visa is a multi-step process that demands a precise understanding of U.S. immigration laws, thorough preparation, and strict adherence to deadlines. At Pollak PLLC, we provide comprehensive assistance throughout this complex journey, ensuring that each stage of your application is handled with care and expertise.
Labor Certification
For most EB2 applicants, the first step involves obtaining labor certification through the Department of Labor (DOL). This step, known as Program Electronic Review Management (PERM), requires the employer to demonstrate that no qualified U.S. workers are available to fill the position being offered to the foreign national. The employer must:
- Conduct Recruitment Efforts: Employers must advertise the job opening through multiple channels, including print and online job boards, to demonstrate a good-faith effort to recruit U.S. workers.
- Prepare a Prevailing Wage Determination (PWD): The employer must request a prevailing wage from the DOL to ensure the offered salary meets or exceeds industry standards in the geographic location.
- File ETA Form 9089: This form certifies that recruitment efforts were conducted and that no qualified U.S. workers were available for the role.
The labor certification process is critical and requires precise documentation to avoid delays or denials. At Pollak PLLC, we work closely with employers to ensure compliance with DOL requirements and to prepare the necessary documentation thoroughly and accurately.
Petition Submission
After obtaining labor certification (or receiving a waiver for NIW applicants), the employer—or the applicant in the case of an NIW—must file Form I-140, the Immigrant Petition for Alien Workers, with U.S. Citizenship and Immigration Services (USCIS). This petition serves as the foundation of the EB2 application and must include:
- Evidence of the Applicant’s Qualifications: For advanced degree professionals, this may include diplomas, transcripts, and work experience letters. Exceptional ability applicants must provide proof such as awards, memberships, publications, and other accomplishments.
- Supporting Documentation from the Employer: This includes proof of the job offer, the company’s ability to pay the offered wage, and evidence that the position aligns with the applicant’s skills and qualifications.
- Legal Argument for NIW Applicants: For those pursuing a National Interest Waiver, the petition must include a detailed argument demonstrating how the applicant’s work benefits the United States on a national scale.
Our firm meticulously prepares and reviews every aspect of Form I-140 to ensure that it meets USCIS standards and addresses all required criteria.
Adjustment of Status or Consular Processing
Once USCIS approves the I-140 petition, the applicant can proceed to the final step: obtaining permanent residency. The process depends on whether the applicant is inside or outside the United States.
- Adjustment of Status: Applicants already in the U.S. on a valid visa can file Form I-485, the Application to Register Permanent Residence or Adjust Status. This process allows the applicant to transition directly to a green card without leaving the country.
- Consular Processing: Applicants outside the U.S. must attend an interview at a U.S. embassy or consulate in their home country. This step involves submitting additional documents, undergoing a medical examination, and completing security clearances.
Both pathways require careful attention to detail, as any mistakes or omissions can lead to delays or denials. Our team provides full support during this stage, including preparing documentation, addressing consular inquiries, and ensuring compliance with all USCIS and Department of State requirements.
Common Challenges and How Pollak PLLC Can Help
The EB2 visa process is rigorous and often scrutinized by USCIS. Applicants and employers frequently face challenges such as:
- Labor Certification Delays. Obtaining labor certification can be time-consuming and requires precise documentation. Errors or omissions can result in significant delays or denials.
- Proving Exceptional Ability. For exceptional-ability applicants, demonstrating expertise that exceeds the norm requires robust evidence and persuasive presentation. Many applicants struggle to provide adequate documentation or effectively showcase their qualifications.
- National Interest Waiver Requirements. NIW applicants must prove that their work serves the national interest, a subjective criterion that requires strong legal arguments and evidence.
- Requests for Evidence (RFEs). USCIS often issues RFEs when petitions lack sufficient detail or clarity. Responding to an RFE requires addressing the agency’s concerns comprehensively to avoid further delays or denials.
At Pollak PLLC, we are experts in addressing these challenges. Our team meticulously prepares each petition to anticipate potential issues and present a compelling case. From gathering critical evidence to drafting persuasive arguments, we ensure that your petition meets USCIS’s exacting standards. If complications arise, such as RFEs, we respond promptly with detailed and effective solutions to keep your application on track.
Why Choose Pollak PLLC?
Pollak PLLC is a trusted partner for individuals and employers seeking expert guidance in navigating the EB2 visa process. With a proven track record of success in Fort Lauderdale and beyond, we bring decades of experience in employment-based immigration to every case we handle.
Our firm’s approach is rooted in a commitment to personalized service and meticulous legal representation. We understand that every client’s situation is unique, and we dedicate time to thoroughly evaluate your goals, qualifications, and challenges. By tailoring our strategies to your specific needs, we ensure that your application stands out and meets the exacting standards of U.S. Citizenship and Immigration Services (USCIS).
Whether you are applying under the EB2-A category for advanced degree professionals, the EB2-B category for individuals with exceptional ability, or pursuing a National Interest Waiver (NIW), we have the expertise to guide you through the complexities of each pathway. Our team excels at crafting compelling petitions supported by robust evidence, ensuring that every aspect of your case is handled with precision and care.
At Pollak PLLC, we take pride in offering more than just legal advice. We serve as advocates and problem solvers, helping clients navigate challenges such as labor certification, proving exceptional ability, or meeting NIW requirements. Our comprehensive services include:
- Thorough Documentation: We assist in gathering and organizing all necessary documentation, ensuring it is complete, accurate, and persuasive.
- Strategic Planning: We anticipate potential challenges in your case and develop proactive solutions to address them effectively.
- Responsive Communication: Our team is always available to answer questions, provide updates, and offer clarity throughout the process.
- End-to-End Support: From initial consultations to final approvals, we are with you every step of the way, managing the details so you can focus on your future.
With a deep understanding of U.S. immigration laws and a passion for helping clients achieve their dreams, Pollak PLLC is the ideal choice for individuals and employers seeking successful outcomes in the EB2 visa process. When you choose our firm, you gain not only an experienced legal team but also a dedicated partner invested in your success.
