EB-2 Advanced Degree Immigrant Visa

EB-2 Visa Attorney in St. Charles, MO

Among the many ways that a foreign national can get permanent residency in the United States through employment is by having an advanced degree and a job offer. This is an employment-based green card, specifically the second preference category, which means you may live and work permanently in the United States.

Our immigration law office is filled with well-rounded immigration lawyers who have successfully assisted foreign workers in obtaining an EB-2 immigrant visa. Our attorneys give straightforward, insightful legal advice that has saved hundreds of applicants from unnecessary difficulties.

Our goal is to make things easy and successful. Schedule a consultation with us today!

Why do I need a Missouri EB-2 Advanced Degree Immigrant Visa Attorney?

Because of its strict qualifying requirements, an EB-2 advanced degree immigrant visa is known to have a fast application process. As you will learn later, a lot of things must be considered, such as what defines an advanced degree or what it takes to obtain a labor certification.

If you have a limited profound comprehension of immigration laws, you will find it challenging to deal with these obstacles. Our St. Charles EB-2 visa attorney can anticipate and respond to the challenges that may arise. They have the necessary skills (like writing immigration appeals or appearing in front of an immigration court) and knowledge to help you comply with the requirements.  

They have years of experience in various immigration practice areas (e.g., family immigration, asylum)

Schedule a consultation with us now!

What is an EB-2 Advanced Degree Immigrant Visa?

eb-2 visa attorneyThis is meant for foreign workers with advanced degrees who are going to the United States to accept a work offer. This immigrant visa is divided into two: (1) professionals with an advanced degree and (2) workers with exceptional ability. But for this article, we will only focus on the former.

You can also bring your spouse and unmarried children (below 21) to the United States with you under legal immigration status (E-21 spouse; E-22 children).

Furthermore, one of the numerous immigration benefits of the EB-2 immigrant visa is that the procedure is relatively quick compared to other visas. This is because only a few people are qualified for this type of visa, which means that only a few people compete for a visa slot each year.

Am I Qualified for an EB-2 Advanced Degree Visa?

A professional seeking to be admitted using the EB-2 advanced degree visa must have the following to be eligible:

  • An advanced degree (or foreign equivalent)
  • The position you are attempting to fill in the United States must require at least an advanced degree or equivalent.
  • Must meet all the job eligibility conditions before applying for a labor certification

Advanced Degree

When we talked about having an advanced degree, we meant that you had a higher educational degree than a baccalaureate degree. Am I still qualified if I don’t have one? 

Luckily for you, a professional bearing a baccalaureate degree combined with at least five years of progressive work experience in the specialty will satisfy the advanced degree requirement. Remember that the five years must follow your bachelor’s degree, not while you are still studying for it.

What is a Labor Certification, and Why Do I Need it?

A labor certification indicates that no American employees are able or willing to fill the position. Remember that before your prospective employer can obtain a labor certificate from the United States Department of Labor, he or she must advertise the position and perform job interviews.

Moreover, your employer cannot get a labor certification on the grounds that you are superior to other U.S. workers. So when your employer finds a U.S. worker who fits the basic qualifications, a labor certification will be unnecessary.

Is It Possible to Waive the Need for a Labor Certification?

A national interest waiver (NIW) might exempt you from the labor certification requirement if your admission would provide a beneficial impact on any aspect of the U.S. community in the future.

To qualify for a job waiver, you must satisfy the following conditions:

  • The proposed endeavor has both high merit and national significance.

The word endeavor refers to what the employment typically entails, as well as the forms of work indicated by you in your application. This may include specific initiatives, goals, or a particular sector of the occupation.

It must be noted that such endeavors should positively influence a key aspects of American society, such as health, business, education, science, and the environment, among others.

  • You have what it takes to get the planned endeavor successful

Basically, what this means is that you have the means in order to make your endeavors successful. This might include your abilities, skills, knowledge, developed plans, and other elements.

  • Waiving the Job Offer and Labor Certification Requirements Would Benefit the United States

What this means is that the USCIS will assess whether your proposed endeavors and skills/abilities may result in a beneficial impact on the United States. There are a lot of considerations that need to be taken here, such as whether the waiving of requirements would prevent endangering the public.

Obviously, applying for a national interest waiver is not that easy, for there are tons of considerations for you to be qualified. It would be beneficial for you to hire an K.W. to help you apply for the job waiver.

How to Apply for an EB-2 Advanced Degree Immigrant Visa?

Step 1: The Petitioner (Employer) Requests Labor Certification

Once your employer has satisfied the wage determination and the job recruitment process, he or she can now apply for a labor certification from the United States Department of Labor (DOL). The wage determination part would determine whether your employer has the ability to pay you.

The form ETA 9089 must be completed and submitted to the DOL. You can find this form on the DOL website. You may submit this either online or by mail. 

Step 2: Filing of Petition at the USCIS

This immigrant visa category needs a petitioner on your behalf, who is usually your employer. In this case, you will be considered as the beneficiary.

As a petitioner, he or she will be responsible for submitting the petition to the USCIS along with the needed documentation.

Step 3: Waiting for Priority Date to be Current

Once the USCIS approves the petition, they will send a document to you containing your priority date. This date will determine when you can apply for a green card. You must have to wait for a visa number to be available. 

However, you’ll not wait that long since only a few people apply for this category.

Step 4: Applying for Green Card

You may now apply for a green card once your visa number is available. Your present residence will decide where you can apply for permanent resident status.

If you live outside the United States, you must go through consular processing or apply at a United States embassy or consulate. Your immigration case will be handled by the National Visa Center.

If, on the other hand, you are in the United States with legal status (e.g., a nonimmigrant visa), you can choose to apply for an adjustment of status. The application must be submitted to the USCIS.

You would benefit from having an EB-2 visa attorney to advise you and offer other legal services throughout the journey. They have vast expertise and experience in immigration law, which would benefit you since they know what to do when certain issues arise.

Step 5: Attending the Interview

Whichever path you take, you’ll mostly need to attend an interview where immigration or USCIS will interview you. The questions they will likely ask you can be found on the application. So it’s best to review your responses since discrepancies will raise suspicion in the interviewer’s mind.

Call our St. Charles EB-2 Advanced Degree Immigrant Visa Attorney Now!

Going through the immigration process alone is no joke. You’ll have a mound of paperwork to read and submit. You’ll come across technical terms that may confuse you and appear in front of an immigration court. But, you may prevent all of these by hiring our experienced immigration lawyer.

Our Missouri law firm has solid foundations in the ins and outs of immigration law and is backed with years of experience for migrants. Whatever immigration issue you have, we guarantee you that you’ll get the best legal services that we have to offer.

Schedule a consultation with us!

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