EB-2 Second Preference Visas
Help Petitioning for an Employment Based Visa in Queens
New York City immigration attorneys at Musa-Obregon & Associates 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. The team at
Musa-Obregon & Associates 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.
Qualifying for the Second Preference Employment Visa in NY
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.
- Advanced Degree
- Exceptional Ability
- 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
Utilizing the Help of a New York City Immigration Lawyer
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.
To learn more about how our NYC immigration firm is prepared to help,
call us today!