California EB2 Visa Lawyer
An EB-2 visa presents an incredible opportunity for foreign nationals with advanced degrees or exceptional abilities to come work in the U.S. Applicants of EB-2 visas are highly regarded in their industries, meaning when they come to work in the U.S., they lend their knowledge, skill, and expertise to the American economy.
From graduates of STEM programs to entrepreneurs with impressive credentials, applicants can find themselves with new opportunities to work in the United States. Plus, unlike many other employment visa programs, it can also be a direct path to permanent residency.
Work opportunities in the United States can become a reality with an EB-2 work visa. Singh Ahluwalia Attorneys at Law can provide you with a California B-2 visa lawyer to offer legal advice and assist during the application process.
Call (559) 878-4958 or Contact us online to schedule a confidential and no-obligation review to discuss your qualifications for an EB-2 visa.
How Does a California EB-2 Visa Attorney Help?
Working with an EB-2 visa attorney at Singh Ahluwalia Attorneys at Law can help you understand the process, required documents, evidence, and other nuances to navigate your application and interview. We engage with you at all points, including helping you determine if an EB-2 visa is the most-appropriate program before you apply.
Our decades of collective experience helping hundreds of thousands of individuals achieve their immigration goals uniquely positions us to assist you or your company. From securing groups of employment visas for corporations to helping individuals immigrate to America to advance to the next stage of their professional life, we have handled it all.
When you work with our EB-2 visa lawyers in California, you can know with confidence that we are taking every step to promote the success of your goals. From applications to interviews to your entry into the U.S. to your continued eligibility under your EB-2 visa, we can help to ensure your entire journey goes as smoothly as possible.
Any time there are questions or concerns, such as when you may need to renew or have your eligibility questioned, we can step in and use our experience to help you seek the optimal solution.
Who Is Eligible for an EB-2 Visa?
Eligibility for an EB-2 visa falls within two categories: Applicants must have either an advanced degree or proven exceptional ability in the sciences, arts, or business to qualify for this visa program. The EB-2 visa program comes with many benefits, including but not limited to a relatively quick process, the ability to bring their spouse and children, and the opportunity to work towards U.S. permanent residency.
Applicants Who Earned an Advanced Degree
The applicant’s employment opportunity must require an advanced degree plus at least five years of experience in the field. Advanced degrees are defined as bachelor’s degrees or higher or a foreign equivalent.
Applicants must be able to demonstrate evidence of their education and work experience by providing official academic records and letters of reference from current or former employers showing five years of working experience in that designated field.
Applicants Can Apply if They Prove Exceptional Abilities
Exceptional ability in the sciences, arts, or business can apply for an EB-2 visa. Their expertise is determined to be significantly more than ordinary employees in a specific field.
Applicants must meet three of the seven criteria below to qualify under the Exceptional Ability criteria:
- Official records show an issued degree, diploma, certificate, or similar award from an accredited college, university, school, or other learning institution. The institution where the degree was earned must have a program related to the applicant’s exceptional ability.
- Reference letters from current or former employers memorializing a minimum of 10 years of full-time experience in your area of exceptional ability
- An official license or certification permitting applicants to practice their profession
- Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
- Membership in a professional association related to the applicant’s industry
- Recognition for achievements and significant contributions to your industry by your peers, government entities, and professional or business organizations
- Any unlisted comparable evidence proving eligibility, like expert opinion letters, is also acceptable
All submitted evidence must prove merit and significance in the applicant’s field. Requesting and gathering all this information can be daunting for applicants to complete without legal aid. Applicants working with an EB-2 visa lawyer can find guidance by preparing and submitting all paperwork and receiving legal advice throughout the process.
Can a Spouse and Children Accompany an EB-2 Visa Recipient?
The spouse and any unmarried children under 21 are eligible to come with the EB-2 visa holder to the United States. Each qualified member will have their own visa status: E-21 for a spouse and E-22 for any children.
Both visas provide authorization to study and work in the U.S. after completing any required employment authorization documents.
The status of the E-21 and E-22 visas is contingent on that of the EB-2 visa and will be valid for as long as the EB-2 visa is valid.
The EB-2 Application Process
EB-2 candidates must have a job offer in their respective fields to qualify for an EB-2 visa. The candidate’s employer would be required to submit Form I-140 to file as the official sponsor for the EB-2 visa applicant.
Form I-140 and its supporting documents must be mailed rather than submitted online, unlike other forms for different visa programs. The applicant’s sponsor must pay any fees due upon submitting their application.
What If I Do Not Qualify for an EB-2?
Foreign nationals who do not qualify for an EB-2 visa can apply for an EB-3 visa. Conveniently, applicants who qualify for an EB-2 subsequently qualify for an EB-3. However, the wait times for evaluation and approval are more favorable for EB-2 visa applicants. EB-3 visas are known to have longer wait times since the requirements are less than that of an EB-2 visa program.
Singh Ahluwalia Attorneys at Law can provide you with an EB-2 visa attorney with experience in reviewing both EB-2 and EB-3 visa cases. Our team will evaluate and determine which visa program would work best to get you one step closer to working in the United States.
Applying for a National Interest Waiver
Alternatively, the National Interest Waiver is available for those applicants who earned a master’s degree or its foreign equivalent. What distinguishes this waiver from an EB-2 visa is that applicants are not required to have an employment opportunity lined up before coming to the United States. Working with an EB-2 visa attorney can help determine if the applicant’s experience and expertise leave them in good standing for receiving a National Interest Waiver.
Like the EB-2 National Interest Waiver, areas of expertise that qualify are applicants who graduated from STEM programs, business, arts, or medical school. If the waiver is granted, it also opens a path toward permanent residency for the visa applicant.
Qualifications for the waiver are similar to an EB-2; however, applicants must have their exceptional abilities and expertise extensively documented. Additionally, they must be:
- More qualified than the average EB-2 visa applicant in the same field
- Must have a present career in their industry that creates a national interest in bringing their talents to the United States workforce — Their expertise must show that it can improve the economy, wages, working conditions of U.S. workers, the environment, health care, or the quality of the American education system
Applicants who qualify for a National Interest Waiver will see that the processing time to enter the U.S. is significantly shorter than entering with an EB-2 visa.
Let Singh Ahluwalia Attorneys at Law Help Bring Experts Like You to the U.S.
An EB-2 visa is popular amongst applicants since it is a direct route to permanent residency. Our California EB-2 visa attorneys can help you navigate the U.S. immigration system and determine if this path to employment abroad is right for you.
Our lawyers will work to gather all relevant documents before you apply for an EB-2 visa and prepare you for an interview. Additionally, they can serve as your counsel and representative when handling certain matters, reducing the uncertainty when issues may arise.
Singh Ahluwalia Attorneys at Law will help you determine what is needed to qualify for an EB-2 visa program, help prepare all paperwork, and prepare you for the interview process. Our legal team has years of extensive experience helping applicants attain an EB-2 visa.
Call (559) 878-4958 or Contact us online for a no-obligation consultation over the phone or in person at our local office.
