Many employers in the United States need more highly qualified employees. As a result, many of these companies turn to the EB-2 visa program to meet those labor needs. EB-2 visas provide you with the right to work in the United States and a path to citizenship.
If you are considering applying for an EB-2 work visa, you can seek guidance from our work visa lawyer to save you time and ensure your application is correct. You must take steps to qualify for this work visa, and the immigration attorneys at Bogin, Munns & Munns are ready to help you complete the process. We are current on U.S. immigration law and can navigate the system and its complexities. You can reach out to our Clermont EB-2 work visa lawyer right away to learn more.
There Are Different Ways to Get a Clermont EB-2 Visa
When you work with United States Citizenship and Immigration Services (USCIS), you could qualify for an EB-2 visa in various ways. Most applicants require an advanced degree or exceptional ability and a job offer in the U.S. that requires those skills. However, there is an exception for certain applicants when waiving these requirements benefits the national interest.
Earning an Advanced Degree
The most common way to become eligible for an EB-2 visa is by obtaining an advanced degree. This could be any degree beyond a bachelor’s degree earned in the U.S. It is also possible to qualify with a foreign equivalent of an advanced degree.
Although this visa is for those with advanced degrees, it is possible to qualify for an EB-2 with a bachelor’s degree under the right circumstances. In these cases, you must have five years of relevant work experience in your field after receiving the bachelor’s degree.
You must show you’ve met these work requirements. You can use documentation, such as letters from current or former employers, that can attest to your work history.
Exhibiting Exceptional Ability
You can also qualify for an EB-2 without an advanced degree if you can show you have exceptional ability in certain fields. It is important to note that you must have a standing offer of employment to qualify for a visa in this way. Your exceptional ability must be in the fields of business, science, or the arts. Your degree of experience must be far above what most people in your field in the U.S. hold.
Securing a National Interest Waiver
The only option for securing an EB-2 without an offer of employment is through a National Interest Waiver. You can pursue this avenue if you have either exceptional ability in your field or an advanced degree. However, waiving the employment requirement is only possible if it would benefit the national interest to have you here.
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An EB-2 Work Visa Is an Immigrant Visa
Unlike many types of employment-based visas, the EB-2 is an immigrant visa. This means instead of offering you a temporary opportunity to work in the United States, an EB-2 provides you with the ability to secure lawful permanent resident status. As a lawful permanent resident, you could not only remain in the country but also pursue citizenship.
The process of securing your visa will vary depending on where you are currently located. If you are in the United States lawfully and meet the requirements of an EB-2 visa, you could petition for an adjustment of status to secure your new visa. If you are not yet in the country, you must apply through the consulate in the nation where you reside.
An Interview Is Part of the Process
If USCIS accepts your petition for a visa application, you will receive Form I-797, which indicates that you meet the qualifications under the law for an EB-2 visa and notifies you of the opportunity to schedule an interview at the U.S. consulate if you are not in the country.
The interview will take place at the consulate. In part, this process is designed to allow the consular officer to confirm your identity. The interview will also go over your reasons for seeking a visa in the first place. The process is more streamlined if you are currently in the U.S., as you have already gone through the interview process.
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Our Clermont Immigration Attorney Could Assist With Your EB-2 Application
At Bogin, Munns & Munns, we understand that a lot goes into a successful EB-2 visa application. While your prospective employer has a duty to initiate the process, there are also steps you must take to ensure you remain qualified and meet all the technical requirements set out by USCIS. Our firm is ready to help you meet all those requirements. This starts with answering your questions about the process and explaining how current federal law might impact your case.
You could have options during the process, and we can help you weigh them. Before you submit anything to USCIS, we can help you collect the documents you will need. This includes credentials that prove your identity. You may also need additional documentation related to your advanced degree or letters from your previous employers.
We can also serve as your advocate throughout this process. This starts with working with your employer to ensure they meet their requirements under the law. We can also represent you in immigration court if it ever becomes necessary. Along the way, we will update you on any developments in your case.
Talk to Us Today – Our Clermont Immigration Lawyer Is Ready to Review Your EB-2 Work Visa Petition
A successful EB-2 petition typically requires more than waiting for your employer to take care of it. You could benefit from a proactive approach that ensures you protect your rights and meet your needs.
The Clermont immigration attorneys of Bogin, Munns & Munns are ready to assist you with every aspect of your case. We are proud of our experience with bringing talented individuals to the United States to continue their careers. Call us today to learn more about what our Clermont EB-2 work visa lawyer can do to help you start working toward your new life in a new country.
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