PATHAK & FELDMAN

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Midwest: 312-321-4773 || West Coast: 818-238-9444

For All Your U.S. Immigration Needs

Call Pathak and Feldman Immigration Law Firm today at 312-321-4773 to answer your questions and get help to obtain an EB-2 Visa.

Who is Eligible for an EB-2 Green Card?

Employment-Based Immigration: Second Preference (EB-2)

You may be eligible for employment-based, second preference classification if you are a member of the professions holding an advanced degree, an individual whose immigration to the United States is in the national interest or a foreign national who has exceptional ability. Below are the occupational categories and the corresponding requirements:

  1. “Advanced Degree” The job you apply for must require an advanced degree and you must possess such a degree.  Advanced Degree EB-2 Green Cards require PERM Labor Certification from the United States Department of Labor.
  2. “Exceptional Ability” You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”  Foreign Nationals successfully demonstrating exceptional ability do not need to undergo the Labor Certification process through the U.S. Department of Labor.
  3. “National Interest Waiver” Foreign Nationals seeking a national interest waiver are requesting waiver of the Labor Certification process because their permanent presence in the United States is in the national interest. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the nation. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file Form I-140, Petition for Alien Worker directly to USCIS.

Those qualifying for EB-2 classification are eligible to adjust status to Lawful Permanent Residence (“Green Card”) in the United States once the U.S. Department of State Visa Bulletin is “current” for the corresponding category and country of nationality.

What is the Process to Obtain an EB-2 Green Card Permanent Resident Status?

  1. Official academic record, including diploma and official transcripts, showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability.
  2. Letters documenting experience in your occupation and delineating the illustrious accomplishments achieved in your field of discipline from members of the profession vouching for your achievements.
  3. A license to practice your profession or certification for your profession or occupation.
  4. Evidence that you have commanded a high salary or other considerable remuneration for services that demonstrate your exceptional ability.
  5. Membership in professional association(s) maintaining high standards for acceptance into the organization.
  6. Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations.
  7. Other comparable evidence of eligibility is also acceptable. Note: Employment-based, second-preference petitions must generally be accompanied by an approved individual labor certification from the Department of Labor on Form ETA-9089. To qualify for an EB-2 visa, your employer must file a Form I-140, Petition for Alien Worker.

EB-2 Family Members

Your spouse and children under the age of 21 are eligible to join the process as your dependents and may be admitted to the United States in E-21 and E-22 immigrant status, respectively. During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD). Pathak and Feldman can help to obtain an EB-2 Visa.

What evidence do you need for the EB-2 Green Card?

  • Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the area of specialization, if required.
  • You must demonstrate that it is in the national interest that you work permanently in the United States.
  • Multinational Manager or Executive: Your employer must file USCIS Form I-140, Petition for Alien Worker.

Helpful Links: 

USCIS EB-2 Information

U.S. Department of Labor PERM Process Information

Where to Begin?

As you undertake the tedious and complicated process of obtaining an EB-2 green card United States permanent residence, it can be tremendously helpful to receive specialized guidance and assistance. Based in Southern California since 2009, Pathak & Feldman expanded to serve the Midwest region, with Chicago, Columbus and Indianapolis locations. Contact Pathak and Feldman Immigration Law Firm today on how to obtain an EB-2 Visa.

Call us at 312-321-4773 today to schedule a consultation!