EB-2 Professional Employment Visa
Do you qualify for an EB-2 professional visa?
Out of the total 140,000 visas that are allocated each year by the Immigration
and Nationality Act (INA) for the purposes of
employment immigration, 28.6 percent of them are reserved for the second of five categories,
the EB-2 visa. These 40,040 immigration visas are intended for two subcategories
of foreign nationals: professionals holding advanced degrees and persons
of exceptional ability.
In some years, fewer than the total number available are granted - such
as in 2006, when only 21,911 EB-2 visas were distributed - while in other
years, the total number includes a backlog from the year before, as was
the case in 2011 when the total number of EB-2 visas granted reached 66,831.
In order to qualify for this type of employment visa, you must be able
to supply evidence to prove that you fall into one of the following two
Professional Holding an Advanced Degree
For the purposes of this category, an "advanced degree" is one
beyond the level of baccalaureate, such as a master's degree or doctorate
held by a medical doctor or lawyer. It is not enough, however, to show
your diploma: You must additionally be able to demonstrate that you have
a minimum of five years of progressive experience in the profession.
Person with Exceptional Ability
"Exceptional ability" may include skills in the fields of science,
art, or business, but it must be at the level of being recognized as possessing
expertise well in excess of what is routinely encountered in your chosen field.
Virginia Immigration Lawyer for EB-2 Visa Applications
Before an individual may apply for an EB-2 visa, his or her prospective
employer must act as sponsor by filing an Immigrant Petition for Alien
Worker, Form I-140, as well as obtaining labor certification to prove
that the position cannot easily be filled by hiring from the local economy.
These requirements can sometimes be dismissed, however, by petitioning
for a National Interest Waiver based on evidence that it would serve the
interests of the United States for the individual to be permitted to immigrate.
At Fayad Law, P.C., we explore all such options for helping our clients
expedite their cases, and we encourage you to contact us now for a consultation
with a Virginia immigration lawyer who can answer your questions and help
you get the process started. We work with clients around the world and
international businesses. We also serve clients in person at our Virginia
offices in Fairfax and Richmond, as well as in Raleigh, North Carolina.