Working in Boston presents unique opportunities for people living in other countries. If you are a professional holding an advanced degree or a person with exceptional ability, you can get an employment-based, second preference visa (EB-2 visa).
An EB-2 attorney can help determine your eligibility even before you start the process. You have to remember that this is a special visa, so the application can be complex. Our Boston EB-2 visa lawyers at Nomos Law Group understand the procedure and know that it can get confusing. That is why we help guide our clients every step of the way.
Our approach includes understanding your entire situation and both your short term and long term goals. We will then determine what visa to apply for or which route to take based on the information provided. Together, we will prepare all the necessary paperwork to streamline everything and make the process as simplified as possible for you.
There are two main categories for EB-2 employment visa eligibility.
The first thing we will determine is whether you fit into one of these two categories.
You can call us to schedule your consultation on applying for an EB-2 Visa.
The application process for an EB-2 immigration visa requires sponsorship from an employer based in the United States. It then involves three main steps:
The first step deals with the US Department of Labor. It has several steps and requirements from both the applicant and employer. The DOL can approve the application, deny it, or place the PERM under audit, which would entail additional requirements.
Once certified, the next step is to complete the I-140 Immigrant Petition with the USCIS. The main purpose of this step is to prove that the foreign national is qualified for the role and that the employer has the financial ability to pay the required wages, as determined by DOL.
Once the I-140 Immigrant Petition has been approved, the foreign national can apply for either adjustment of status (within the U.S.) or can obtain the green card through the consulate/embassy (if abroad).
Individuals with outstanding accomplishments and documentation may qualify for National Interest Waivers. Doing so will give the foreign national permanent residency status in the United States.
The main benefit is it removes the labor certification procedure stated above. To qualify, you have to prove:
1. The proposed endeavor has both substantial merit and national importance.
2. The applicant is well positioned to advance the proposed endeavor.
3. On balance, it would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.
Book a consultation with a Boston EB-2 visa lawyer to see if you are eligible for NIW.
Nomos Law Group LLC is a law firm that focuses on immigration law, with commitment, dedication, compassion and responsibility.
Our mission is to help individuals, families and businesses with the following immigration solutions for: family migration, asylum, citizenship and naturalization, work-based green card, temporary work visas, deportation and removal advocacy, visa change, visas students and visitors, and all other issues related to immigration.
The first main EB-2 visa category is for foreign professionals with advanced degrees. Your US job should require you to hold this advanced degree. You also need to have five years of relevant experience in the field.
There can be other requirements specified on the labor certification.
You will need to submit evidence of your qualifications, including official academic records showcasing your degree or foreign equivalent. You will also need letters from previous employers to highlight your experience and accomplishments in the field.
Exceptional ability is the second main category for an EB-2 visa. That means you have a degree of expertise above those ordinarily encountered in science, arts, or business. The labor certification will have specific requirements for demonstrating this.
You then need to meet at least three of the criteria:
Our Boston EB-2 visa lawyers can help you arrange and organize your evidence for proper presentation.
If you prefer to speak to someone in person, you can visit one of our sites for a free consultation.
Our offices are open from 8:00 A.M. until 8:00 P.M. from Monday to Friday, and from 9:00 A.M. until 5:00 P.M. Saturdays. We will be glad to see you during these hours.
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