EB-2 Second Preference Visas

Employment-Based Visa Guidance

The New York City immigration attorneys at Musa-Obregon Law PC can help if you are considering filing for an employment based visa, priority two level. EB-2 visas are the second tier of visas for second preference workers looking to immigrate based on their employment. This category is just below EB-1 first priority worker visas.

According to USCIS,

You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability.

As is the case with any visa, applicants must be certain requirements and fill out all the necessary paperwork in order to qualify for an EB-1 visa. The immigration lawyers at Musa-Obregon Law PC can explain this process to clients so that all applicants receive the visa they deserve.

We represent individuals throughout Queens, Brooklyn, The Bronx, Manhattan, Rockland County and Westchester County.

Eligibility Criteria for EB-2 Visas in New York

Within the EB-2 visa category, there are three sub-categories of workers. In order to qualify for this type of employment based immigration, you must show proof that you fall into one of the three categories. You must also be the recipient of an approved I-400 form.

1. Advanced Degree
2. Exceptional Ability
3. National Interest Waiver

In order to fall into the first category of "advanced degree," you must be applying for a job that requires an advanced degree to possess. According to USCIS, "advanced degree" typically means at least a baccalaureate degree with five additional years of work in a related field. To provide proof that you fall into this category, you must show official academic records as well as letters from current and former employers.

In order to fall into the second category of "exceptional ability," a petitioner must provide evidence that they have exceptional ability in the sciences, arts, business or science. To meet the qualifications of this category, an individual must show proof of three criteria met out of a possible list of seven criteria. The seven criteria on this list include: official academic records, evidence of at least ten years working in an occupation, a professional license, evidence of a salary, membership into a related professional organization, recognition of professional achievements, and finally, "other" evidence of eligibility which must be approved by USCIS.

To fall into the national interest waiver category, an individual must show proof that their employment in the United States would serve and benefit the overall national interest. To receive a national interest waiver, an individual must meet at least three of the seven possible criteria that were detailed in the previous paragraph. Unlike the EB-1 visas, those applying through any of the three categories of EB-2 visas must also have an approved individual labor certification. This form is called the ETA-750.

Family members of EB-2 holders may also qualify for a visa, but this is not automatic. Spouses and qualifying children must also file a petition for a visa. These petitions are the E-21 and the E-22. For more information on family visas via employment based visa holders, contact Musa-Obregon Law PC. Our EB-2 visa lawyers can help you understand the new immigration laws.

Expert Guidance from Our New York City Immigration Attorneys

Employment based immigrations can be difficult. Only 140,000 workers worldwide receive this type of visa each year. If you want to qualify, consider speaking with a Queens business immigration attorney at the firm. Our firm has a passion for those who wish to immigrate to the U.S. and we have the experience necessary to make those employment visa dreams become a reality. Our law firm can help you file the necessary paperwork, compile the documentation and fill out the required forms.