An EB-2 is an immigrant visa (road to permanent residence) for foreign nationals (immigrants) who are members of professions with advanced degrees. In other words, the job position being offered to the foreign national must require at least a U.S. Masters degree or a U.S. Bachelor’s degree with five years of progressive experience. The foreign national must have an employer who offers him or her a job and is willing to file for him or her a labor certification (PERM process) with the Department of Labor. Once the labor certification is approved by the Department of Labor, then the foreign national’s employer may file an EB-2 petition on his or her behalf.
Please note that the foreign national (immigrant) may not be eligible to file for his/her permanent residency immediately. The most current U.S. Department of State Visa Bulletin dictates how long a beneficiary of an EB-2 immigrant visa may have to wait before being able to file for his/her permanent residence in the United States.
The labor certification (PERM process) is a process handled by the Department of Labor. The U.S. employer must offer a position to a foreign national and be willing to pay at least the prevailing wage for that position. Furthermore, they must advertise the position according to the Department of Labor’s guidelines to give U.S. workers an opportunity to apply for the job. The U.S. employer must show why the U.S. applicants cannot perform the job and why the foreign national can.
Our immigration law office can help you with the following:
-Navigating through the EB-2 process is complex because of all the required steps that have specific timing. Our office will be able to determine whether the U.S. employer, the job offer, and the foreign national qualify for this process.
-We will handle all the steps throughout the process, including the filing of the labor certification (PERM application) with the Department of Labor.
-If the foreign national (immigrant) is in the United States, we will advise you on the steps that must be taken to remain in a lawful status.
-If you do not qualify for an EB-2 immigrant visa, we can discuss your particular situation and determine what other options may be available to you.