International Business Law and U.S. Immigration
Individuals may be eligible for second preference EB-2 employment-based visas if they are professionals with an an advanced degree (or its equivalent) or if, as a foreign national, they possess exceptional ability in certain professions. This type of visa is referred to as “second preference” because it is the second of five preference categories for U.S. immigrant visas.
Individuals who qualify for an EB-2 employment-based visa fall into one of three subcategories. The first (EB-2A) is advanced degree holders who are applying for jobs which require an advanced degree or its equivalent (a baccalaureate degree with at least five years progressive experience in the field). The second subcategory (EB-2B) includes individuals who exhibit exceptional ability in the sciences, arts, or business. The third group (EB-2C) are those aliens whose permanent work in the United States would be in the national interest. These individuals typically have exceptional ability as well.
Applicants may be required to produce an academic record as proof of their advanced degree, letters documenting experience in their profession, a license to practice their profession, evidence of salary commensurate with exceptional ability in their field.
Typically, the employer seeking to bring an employee to the U.S. on an EB-2 visa must apply for and receive PERM labor certification, which means proving that there are no U.S. employees who are minimally qualified for the position in question.
Once labor certification is obtained, the employer files an I-140 Immigrant Petition for an Alien with the United States Citizenship and Immigration Service (USCIS). The employer must also be able to demonstrate the ability to pay the wage offered the employee.
If a foreign national seeks an EB-2 visa with a national interest waiver, he or she does not need labor certification. However, the burden of proving qualification rests solely on the petitioner.
One significant advantage of the EB-2 employment-based visa is that the processing time is typically much shorter than that of other employment-based visas. This visa provides the opportunity to work in the United States indefinitely, when applications for extension are properly filed and approved. The alien's spouse and minor children may also gain admission to the United States under E-21 and E-22 immigrant visa status. The foreign employee can qualify for a green card, and, after attaining lawful permanent resident (green card) status, can travel freely in and out of the country.
Disadvantages of the EB-2 visa include the fact that this visa is only available to foreign nationals with whose country the United States maintains a treaty of commerce and navigation. Except in the case of national interest waivers, foreign nationals seeking an EB-2 employment-based visa must have a valid job offer and employment certification. Additionally, the lawful status of family members of the EB-2 visa holder depends on his or her continued lawful status.
Spartan International Law Group's primary office is located in Dearborn, Michigan, home to the largest Arab community in the United States. The firm has a satellite office in Cairo, Egypt, and has cultivated working relationships with law firms throughout the Middle East for our clients' benefit. In addition to our U.S. immigration practice, we have an active International Business practice to serve our clients' needs.
Experience speaks for itself; so do our results. We invite you to contact Spartan International Law Group to learn more about our practice areas, including EB-2 employment-based visas, and our attorneys or to schedule a consultation. We look forward to working with you.
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