Overview of EB-2 Visas Immigration Process

The EB-2 visa category is for foreign applicants who can demonstrate that they are members of a profession holding an advanced degree or its equivalent, or who have exceptional ability in the sciences, arts, or business. Additionally, this category includes a special provision for those who qualify for a National Interest Waiver (NIW).

How We Can Help

At Elliott Immigration Law LLC, we provide comprehensive support for individuals and employers navigating the EB-2 visa process. Our team in Atlanta, Georgia, will guide you through each step, ensuring you meet all requirements and submit complete and accurate applications. Contact us today to learn how we can assist you with your EB-2 visa needs.

EB-2 Visa Subcategories

1. Advanced Degree Professionals

The EB-2 visa for advanced degree professionals is for individuals who possess an advanced degree or its equivalent and are applying for a job that requires such a degree.

Eligibility Requirements

• Advanced Degree: The applicant must possess a U.S. advanced degree or a foreign equivalent, or a U.S. bachelor’s degree or foreign equivalent plus five years of progressive work experience in the field.
• Job Offer: The job must require an advanced degree, and the applicant must meet the other requirements specified on the labor certification.

2. Exceptional Ability

The EB-2 visa for individuals with exceptional ability is for those who have demonstrated exceptional ability in the sciences, arts, or business.

Eligibility Requirements

• Exceptional Ability: The applicant must provide evidence of exceptional ability, such as degrees, letters of recommendation, professional licenses, or other documentation of their skills and achievements.
• Recognition: The applicant must have recognition in their field of expertise.

3. National Interest Waiver (NIW)

The National Interest Waiver is a special provision for individuals who seek a waiver of the labor certification requirement because their employment is in the national interest of the United States.

Eligibility Requirements

• Exceptional Ability or Advanced Degree: The applicant must have exceptional ability or hold an advanced degree.
• National Interest: The applicant must demonstrate that their work is of substantial intrinsic merit, that it benefits the nation as a whole, and that the national interest would be adversely affected if a labor certification were required.

Benefits of National Interest Waiver

• No Employer Sponsorship Required: Applicants do not need an employer to sponsor them and can self-petition.
• Labor Certification Waived: The labor certification requirement is waived, potentially speeding up the application process.

Application Process for EB-2 Visas

Step 1: Determine Eligibility

The first step is to determine if you meet the eligibility requirements for the specific EB-2 subcategory you are applying for. This involves a thorough review of your education, work experience, and achievements.

Step 2: Gather Supporting Documents

Collect all necessary documents to support your EB-2 visa application, which may include:

• Diplomas and degrees
• Letters of recommendation
• Professional licenses
• Publications and citations
• Evidence of awards and recognitions
• Detailed job offer (for advanced degree professionals)

Step 3: File Form I-140

Submit Form I-140, Petition for Alien Worker, along with the required filing fee and supporting documents to USCIS. This form must be submitted by the employer for advanced degree and exceptional ability categories, while NIW applicants can self-petition.

Step 4: Consular Processing or Adjustment of Status

After USCIS approval, the applicant may apply for an immigrant visa at a U.S. embassy or consulate abroad or, if in the U.S., file for adjustment of status to obtain a green card.

Frequently Asked Questions

What qualifies as an advanced degree?

An advanced degree includes a U.S. master’s degree or higher, or a foreign equivalent. A U.S. bachelor’s degree plus five years of progressive work experience in the field can also qualify.

What evidence is needed for exceptional ability?

Evidence may include degrees, letters of recommendation, professional licenses, and other documentation that demonstrates the applicant’s exceptional ability and recognition in their field.

Can I self-petition for an EB-2 visa?

You can self-petition for an EB-2 visa if you are applying under the National Interest Waiver (NIW) category.

How long does the EB-2 visa process take?

Processing times can vary, but our attorneys can provide more specific timelines based on current USCIS processing times.

Why Choose Elliott Immigration Law LLC?

• Experience and Expertise: Our attorneys have extensive experience handling EB-2 visa applications. We stay current with immigration laws and use our knowledge to benefit our clients.
• Personalized Attention: We take the time to understand your unique situation and provide tailored solutions. You are not just another case to us; you are a valued client.
• Commitment to Success: Our high approval rate and successful track record demonstrate our commitment to achieving the best possible outcomes for our clients.
• Transparent Communication: We believe in clear, honest communication. You will always know where your case stands and what to expect next.

Contact Us Today

If you need expert assistance with your EB-2 visa application in Atlanta, Georgia, contact Elliott Immigration Law LLC today. Our team is here to help you navigate the complexities of immigration law and achieve your goals. 

For more information or to schedule a consultation, please access our contact us page or call us at (678) 928-8217. We look forward to helping you with your immigration needs in Atlanta, Georgia.