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An EB-2 visa is the second preference in employment-based United States immigration visas. This type of visa enables those with advanced degrees and “exceptional ability” to gain lawful permanent residence status. Proving that an applicant is qualified for an EB-2 visa can be challenging, especially since the laws, regulations, quotas and requirements are subject to change on a regular basis.

Therefore, those seeking to apply for this type of immigration status should consult a San Diego EB-2 visa lawyer for help. The attorneys at Hacking Immigration Law, LLC could help with this application process by helping you meet all of the necessary requirements and preparing you for any potential obstacles.

Prerequisites for an Employment Second Preference Visa in San Diego

In most cases, applicants seeking an immigrant visa based on employment factors must have a job and be sponsored by an employer. However, before an employer can sponsor a visa applicant of this type, they must usually obtain a labor certification by the U.S. Department of Labor. The employer must take required actions and receive approval before any further steps can be taken toward applying for a visa. In addition, the employer must ensure that the immigrant employee meets the qualifications for an EB-2 visa.

In some cases, an applicant may apply for an exemption from the job requirement as well as the labor certification requirement on the grounds that it would serve U.S. national interest to grant the visa. This is referred to as a National Interest Waiver. An applicant seeking an immigrant visa with a National Interest waiver may self-file the Immigrant Petition for Alien Worker (Form I-140) in conjunction with evidence of the national interest served. A lawyer in San Diego could help someone applying for an EB-2 visa meet these perquisite requirements.

What Separates EB-2 Visas from Other Employment-Based Visas

Employment-based immigrant visas in the EB-2 category are designed for “professionals holding advanced degrees and persons of exceptional ability.” U.S. lawmakers established a priority system for granting employment-based immigration visas, and because this type of visa ranks second out of five, applications for EB-2 visas may be scrutinized more closely than those in less advantageous categories.

The U.S. Department of State reports that professionals holding advanced degrees and persons of exceptional ability are eligible to obtain 28.6% of the employment-based immigration visas issued each year, plus any remaining visas leftover from the Employment First Preference category.

Determining Whether an Applicant Qualifies for an EB-2 Visa

An applicant can qualify for an EB-2 visa in one of two ways. The first is by holding an advanced college degree such as a doctorate degree or by holding a bachelor’s degree in combination with at least five years of “progressive experience” in their profession. The second way an individual may qualify for an EB-2 visa is to demonstrate exceptional ability in the arts, sciences or business. Exceptional ability is defined as enjoying “a degree of expertise significantly above” the level ordinarily found in those fields. A San Diego attorney could assess an immigrant’s situation to determine if they are eligible to apply for an EB-2 visa.

Speak with a San Diego EB-2 Visa Attorney

Because this application process can be complex and overwhelming, visa applicants seek advice from experienced legal counsel when seeking this type of immigration status. If you are applying for a second-preference employment-based visa, you should speak with a San Diego EB-2 visa lawyer who has helped many applicants through this process successful. Our team could provide valuable advice and ensure that requirements are met in a timely manner to increase the chances for a successful outcome. For more information, call today.

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