EB-2 Visa Lawyer in Tampa

Providing Valuable Legal Services to Foreign Nationals Seeking Employment-Based Immigrant Visas

There are several different methods that hopeful immigrants may take when seeking to come to the United States for employment and living. Among those methods are employment-based Visas. These visas allow foreign nationals to pursue their immigration goals, come to the US with the authority to work and live, one day obtain a green card, and later achieve the legal status of US citizenship.

In some cases, foreign workers who already reside in the US may be able to seek an adjustment of status that will allow them to become legal permanent residents. However, immigration law is complicated, and there are many qualifications that applicants must meet in order to apply for their immigrant petition successfully. It is highly recommended that interested foreign nationals consult with experienced immigration lawyers for legal assistance.

What Are the Eligibility Requirements for EB-2 Visas?

The employment second preference category EB-2 visa is an immigration option for skilled workers and those with advanced degrees seeking to immigrate to the United States. This visa is designed to assist professionals in their immigration interests.

Only some foreign workers may qualify for an EB-2 visa.

Eligibility requirements include showing proof of at least three of the following:

• An advanced degree relating to your area of specialty.
• Letter from employers showing at least ten years of work experience.
• A valid license to practice your profession.
• A previous salary that demonstrates your exceptional abilities.
• Membership in a professional association.
• International acclaim or recognition of significant contributions to your industry.

The EB-2 visa is available to individuals in the professions of business, the arts, the sciences, and education.

What Qualifies as an ‘Exceptional Ability?’

To qualify for an EB-2 permanent resident green card, you must establish proof that you possess some exceptional ability.

Exceptional ability in the sciences, arts, education, or business means a level of expertise significantly higher than what is considered ordinary. Other workers with lesser experience and lesser skills may not qualify for EB-2 green cards.

What is the Definition of an ‘Advanced Degree?’

In order to qualify for the EB-2 green card, the applicant must show proof of having an advanced degree and a high level of education. An advanced degree is any professional or academic degree above the equivalent of a bachelor’s degree. Alternatively, it is possible to have a bachelor’s degree plus at least five years of professional work experience in the profession.

What is the Importance of the Labor Certification from the Department of Labor?

In most cases, applicants need to be approved for a labor certification from the US Department of Labor (DOL). Additionally, they must have a valid job offer from a US employer who is willing to file the Immigrant Petition for Alien Worker (Form I-140) on their behalf.

The job offer from US employers must be permanent. The certification process involves testing the US labor market for qualified and interested US workers before allowing foreign workers to fill a job opening.

Proving that there are no able, qualified, and willing US workers available for the job position being offered is the first step in the labor certification process. This can be proven via a thorough recruitment campaign, which may include posting recruitment efforts at the place of employment, job fairs, and other locations. The US employer must provide adequate proof that they have tested the US workforce job market and found no US workers qualified or willing to accept the job position. Following approval for the PERM process, a petition for alien workers may be filed. This form will be submitted to United States Citizenship and Services (USCIS).

Any unused visas from the annual allocation of employment first preference category visas can be allocated to this category as needed.

What is a National Interest Waiver?

While the majority of skilled workers seeking EB-2 visas must undergo the labor certification process, there is an exception called the National Interest Waiver (NIW) program. The NIW allows hopeful applicants to bypass the labor certification and qualifying job offer requirements to acquire legal permanent residency in the United States. Only those with exceptional abilities that would either significantly benefit the US economy or national interests may qualify.

If the applicant qualifies for an NIW, they may self-petition with the help of an immigration attorney and provide supporting evidence of their contribution to the national interest.

Our law firm focuses on employment and business visas that qualify for national interest waivers. We are uniquely qualified to assist you in these matters. For more information on our legal services, please get in touch with our Tampa law office for a free consultation.

Why Should You Work with EB-2 Visa Lawyers in Tampa?

The application process for EB-2 visas, and really any other type of immigration visa, is complex and difficult to navigate. It is highly recommended that interested parties work in tandem with experienced immigration lawyers when applying for EB-2 visas, whether they are doing so with or without NIW.

Immigration lawyer Ernesto Buitrago has years of experience dedicated to the practice of immigration law in the Tampa area. Employment-based visas and national interest waivers are a special focus for the attorney and his legal team, making us uniquely qualified to help you achieve your immigration goals.

The immigration process may feel overwhelming at times, but it can be made so much easier with the help of professional legal counsel. As your legal representative, immigration attorney Ernesto Buitrago will be by your side every step of the way through the entire process.

Contact Us to Schedule Your Free Consultation with an Experienced Immigration Lawyer Today

There are several difficult steps along the way to achieving residency and work authorization in the United States as a foreign national in pursuit of an EB-2 visa. Among the many steps, an applicant must have a qualifying job offer from a US employer, an approved labor certification, and possess some advanced degree or extraordinary ability. Our law firm, led by immigration attorney Ernesto Buitrago, is highly qualified and dedicated to providing visa help and legal representation to alien workers seeking Tampa work authorization via an EB-2 visa.

To learn how you may achieve legal permanent residency as an alien worker, don’t hesitate to get in touch with our law firm to schedule your free initial consultation today. 866-519-3545.