EB-2/EB-3 PERM Process
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EB-2/EB-3 Visa for Professional Workers
The EB2 immigration visa, which is the second preference category, is available to professionals with an advanced degree or its equivalent or foreign nationals with extraordinary abilities. Here is the definition of the EB2 category:
Advanced Degree: In the United States, candidates compete for a position requiring a graduate degree or its equivalent (a baccalaureate degree and five years of experience in the field).
Exceptional Ability: Qualified individuals possess exceptional skills in the sciences, arts, or business. The term “exceptional ability” refers to a level of proficiency that is “significantly higher than that typically encountered in the sciences, arts, and business.”
National Interest Waiver: In the United States, qualified individuals are employed and significantly contribute to the national welfare. They may submit Form I-140 and their work certification directly to USCIS.
The USCIS has established requirements for applicants’ supporting documentation, including official academic records, membership in a professional association(s), awards for achievements, and more. During your scheduled appointment, our staff will provide you with additional information.
Who Is Eligible For The EB-2 Category?
The employment-based EB-2 visa, which is the second preference category, is available to professionals with an advanced degree or its equivalent or foreign nationals with extraordinary abilities. Here are the definitions of the categories:
Advanced Degree: In the United States, candidates compete for a position requiring a graduate degree or its equivalent (a baccalaureate degree and five years of experience in the field).
Exceptional Ability: Qualified individuals possess exceptional skills in the sciences, arts, or business. The term “exceptional ability” refers to a level of proficiency that is “significantly higher than that typically encountered in the sciences, arts, and business.”
- National Interest Waiver: In the United States, qualified individuals are employed and significantly contribute to the national welfare. They may submit Form I-140 and their work certification directly to USCIS.
The USCIS has established requirements for applicants’ supporting documentation, including official academic records, membership in a professional association(s), awards for achievements, and more. During your scheduled appointment, our staff will provide you with additional information.
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Eligibility For EB-2/EB-3 Visa Perm Process
It is important to note that an application for an NIW has particular and stringent requirements. Thus only a small percentage of individuals qualify for this waiver. The U.S. immigration laws do not have a specific definition of the term “national interest”. This decision provided the three requirements that USCIS officers use today to determine if an applicant qualifies for an NIW. To be eligible for an NIW, the applicant must show the following:
The employment sought is in an area of substantial intrinsic merit to the U.S.
The benefit from the proposed activity will be national in scope.
The requirement of the eb2/eb3 perm processing time will adversely affect the national interest.
EB-2/EB-3 Visa PERM Process FAQ
A candidate for EB-2 should provide a roadmap of the evidence. This road map should include convincing arguments and sufficient detail to establish eligibility. In addition, the enclosed evidence should be properly organized and labeled.
When preparing their applications, applicants must pay close attention to two AAO rulings. The precedent decision of the AAO NYDOT from 1998 provides a consistent standard for evaluating NIW and is an invaluable resource for any EB-2 NIW applicant. Additionally, in 1992, the AAO identified seven factors that may be considered when determining eligibility under the national interest category:
Enhance the American economy.
Enhance working conditions and wages for American workers.
Enhance the education of American children and training programs for workers with few credentials.
Enhance American health care.
Provide affordable housing for young, elderly, and impoverished Americans.
Enhance U.S. environmental and natural resource management.
Receive a request from an agency in the United States.
A number of employment-based visa options are included in immigration laws. It is difficult to qualify for employment-based visas, and the application process has stringent requirements. To efficiently assist you with your employment visa application, our office will provide you with competent guidance. Throughout our representation, we will keep you informed at all times. Our firm’s commitment to staying current with immigration laws, regulations, and precedent cases guarantee that we will submit an approved EB-2 visa application on your behalf. You will avoid costly errors and unnecessary delays due to our extensive experience handling cases of this nature.
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