Tampa, FL Second Preference EB-2 Visa Attorney 

The Second Preference EB-2 visa category is an employment-based immigration option in the United States. It is designed for members of the professions holding advanced degrees or immigrants of exceptional abilities. The advanced degree must be higher than a bachelor’s and could be met by a BA and work experience.

Only some people with an advanced degree may qualify for an EB-2 visa in this category. You must demonstrate that you are a professional. Professionals must have a minimum of a B.A. or equivalent in their county to work in their occupation. 

Professionals in this category are defined in INA §101(a)(32) as including “but not limited to architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or second schools, colleges, academics, or seminaries.”  

For legal help with your visa, consult our Tampa Second Preference Eb-2 visa lawyer. You can reach us by email or phone at (813) 499-1250. 

Eligibility Requirements 

A bachelor’s degree with five years of progressive experience is the equivalent of a MA degree per 8 CFR §204.5(k)(3)(i)(B). The five years of progressive experience must involve more responsibility and knowledge in the specialty field.

Definition of Exceptional Ability:

Exceptional ability is a degree of expertise significantly above the level ordinarily encountered. 

The applicant must show proof of three of the following:

• Degree relating to the area of specialty;
• Letter from employers showing 10 years of experience;
• License to practice a profession;
• The applicant commanded a salary demonstrating exceptional ability;
• Membership in professional association; and
• Recognition for achievement and significant contributions to the industry.

Comparable evidence might be submitted, including expert opinion letters. This includes athletes and entertainers. 

Labor Certification

To be eligible for the Second Preference EB-2 visa, applicants typically need an approved labor certification from the Department of Labor. They must also have a job offer from a U.S. employer who will file an Immigrant Petition for Alien Worker (Form I-140) on their behalf. 

However, an exemption called the National Interest Waiver allows applicants to bypass the job offer and labor certification requirement if it serves the national interest. In such cases, applicants can self-petition by submitting Form I-140 with evidence of their contribution to the national interest.

28.6 percent of the annual worldwide limit for employment-based immigrant visas is given to professionals with advanced degrees and individuals with exceptional abilities. Any unused visas from the Employment First Preference category can also be allocated to this category. 

National Interest Waivers (NIW):

The National Interest Waiver (NIW) is an exemption that allows applicants to bypass the job offer and labor certification requirement for the EB-2 Second Preference employment-based immigrant visa. It is available to individuals who can demonstrate that their work or expertise would be in the national interest of the United States. By filing an NIW petition, applicants can self-petition and do not need an employer to sponsor them.

The NIW is designed for individuals with exceptional ability or advanced degrees. It is granted based on their potential to contribute significantly to science, art, business, education, or athletics or to benefit the U.S. economy, cultural interests, or national defense. By obtaining an NIW, applicants can pursue a green card without the usual requirement of a labor certification and job offer.

Applying for an NIW involves submitting evidence of the applicant's exceptional ability or advanced degree and supporting documentation demonstrating their significant contributions to their field and the national interest. The USCIS evaluates each NIW petition on a case-by-case basis.

To qualify for the waiver, the beneficiary must submit an ETA-9089 with a statement supporting the waiver claim. The waiver is only available for EB-2 petitions. 

Under new categories for the waiver, the applicant must show 1) the proposed endeavor has national importance and substantial merit, 2) they are well-positioned to advance the endeavor, and 3) it would be beneficial for the United States to waive the labor certification. 

Physicians may qualify for a Physician National Interest Waiver (PNIW). International medical graduates (IMGs) are precluded from entering the United States. 

However, the ground of inadmissibility does not apply in these situations:

• Applicant possesses a certificate from the Educational Commission on Foreign Medical Graduates, is competent in English, and the clinical skills assessment examination. 
• Doctor of International or national renown.
• Not entering the United States to become a doctor, including professors, persons entering under another preference category, or when they enter as an asylee.

If a physician is entering the United States under an offer of employment, the physician must obtain a labor certification or a national interest waiver. 

To obtain this benefit, the physician must show 1) they must work in a health shortage area or for the VA, 2) a federal or state agency must determine that the employment would be in the national interest, and 3) they must work in the area for five years before they become eligible for adjustment of status or immigrant visa.

A foreign medical graduate may also apply under the regular labor certification process.

Entrepreneurs

Entrepreneurs can qualify for an EB-2 Second Preference visa under certain conditions. The specific conditions and requirements may vary, but one possible route is through the National Interest Waiver (NIW) category.

To qualify for an EB-2 visa as an entrepreneur, individuals must demonstrate exceptional ability or hold an advanced degree in a profession relevant to their entrepreneurial endeavors. They must also show that their work is in the national interest of the United States.

The NIW allows foreign entrepreneurs to self-petition for an EB-2 visa, bypassing the usual requirement of a job offer and labor certification. By demonstrating that their entrepreneurial activities will significantly benefit the United States, entrepreneurs can qualify for permanent residency (a green card) through the EB-2 process.

Contact American Dream^® Law Office for Visa Help Today

It's essential to consult with an immigration attorney to understand the eligibility criteria and requirements for anyone applying for an EB-2 visa. The process can be complex, and professional guidance can help you reach a successful conclusion. The team at our firm is dedicated to immigration law and is here to help you achieve your goals.

Contact us at (813) 499-1250.