EB2 Visa - Second Preference
Our attorneys at Versfeld & Hugo LLC focus on helping highly skilled professionals and exceptional talent secure EB‑2 visas. From advanced degree petitions to National Interest Waivers, we tailor each case to highlight your unique qualifications
Understanding the EB-2 Visa:
How Versfeld & Hugo LLC Can Assist You?
At Versfeld & Hugo LLC, our team of knowledgeable immigration attorneys is committed to helping you navigate the EB-2 visa application process, including the National Interest Waiver (NIW) option. Whether you hold an advanced degree, demonstrate exceptional ability in your field, or qualify for a waiver based on contributions that serve the national interest, our dedicated team provides expert, personalized guidance every step of the way.
Contact us today for a confidential consultation to explore your eligibility and discover the best path forward for your immigration goals.
Adjustment of Status or Consular Processing: If the applicant is already in the U.S. on a different visa, they can file Form I-485 to adjust their status to permanent resident once their priority date becomes current. If the applicant is outside the U.S., they will complete consular processing, including an interview at a U.S. consulate abroad.
What is an EB-2 Visa?
The EB‑2 visa is an employment‑based, second preference category that grants permanent residency in the United States. Established by the Immigration Act of 1990, it is reserved for professionals holding advanced degrees or individuals with exceptional ability in the sciences, arts, or business. Positioned between the EB‑1 category for individuals of extraordinary achievement and the EB‑3 category for skilled workers and professionals, the EB‑2 visa provides a strong option for highly qualified applicants seeking long‑term opportunities in the U.S
There are three categories within the EB-2 visa:
EB-2(A) – Advanced Degree
For individuals with extraordinary ability in fields such as science, arts, education, business, or athletics.
EB-1A
For individuals with extraordinary ability in fields such as science, arts, education, business, or athletics.
EB-2(B) – Exceptional Ability
For individuals who can demonstrate exceptional ability in the sciences, arts, or business—showing expertise significantly above what is ordinarily encountered in their field.
EB-1B
For outstanding professors and researchers who have achieved international recognition in their academic field.
EB-1C
For multinational executives and managers who have held high-level positions in international companies.
EB-2(C) – National Interest Waiver (NIW)
For those whose work benefits the United States significantly; this category allows applicants to request a waiver of the job offer and labor certification requirements.
While the criteria for these categories are stringent, our dedicated attorneys can assess your qualifications and help you present a compelling case to the U.S. Citizenship and Immigration Services (USCIS).
Note: Certain occupations may also qualify under Schedule A, which provides a labor certification exemption. Details can be found in the Schedule A Occupations section.
EB-1A: Extraordinary Ability
The EB-2 visa is available to two primary groups:
1. Advanced Degree Holders: Individuals must have a U.S. advanced degree or its foreign equivalent, or a U.S. bachelor’s degree with at least five years of progressive work experience in the field. The job being offered in the U.S. must require such qualifications.
2. Exceptional Ability: This category is for individuals who can demonstrate a high level of expertise in the sciences, arts, or business, evidenced by at least three of the following:
An official academic record showing a relevant degree or award.
Letters documenting at least ten years of full-time experience in the profession.
A license to practice the profession or certification for a specific occupation.
Evidence of a high salary that indicates exceptional ability.
Membership in professional associations.
Recognition for achievements and significant contributions to the field by peers, professional or business organizations, or government entities.
In some cases, individuals may qualify for a National Interest Waiver (NIW), which allows them to bypass the labor certification requirement if they can prove that their work is of significant national interest to the United States.
Qualifications for NIW:
The proposed work has substantial merit and national importance.
You are well‑positioned to advance that work.
On balance, it benefits the U.S. to waive the job offer and labor certification.
The EB-2 Visa Application Process
The application process for an EB-2 visa generally involves three steps:
Labor Certification (PERM): The U.S. employer must first file a Permanent Labor Certification with the Department of Labor using the Program Electronic Management Review (PERM) system. This step ensures that there are no qualified U.S. workers available for the position and that hiring a foreign national will not negatively impact the U.S. job market. filing
Schedule A Occupations: For certain Schedule A occupations—such as professional nurses, physical therapists, and individuals with exceptional abilities in the sciences or arts—the labor certification step is not required. Instead, the employer submits an uncertified ETA-9089 form directly with the Form I-140 (Petition for Alien Worker) to the USCIS. This streamlines the process and can significantly reduce overall processing time
Form I-140 (Petition for Alien Worker): After receiving approval for the labor certification, the employer submits Form I-140 to the USCIS on behalf of the foreign national, demonstrating that the applicant meets all requirements for the EB-2 classification.
Adjustment of Status or Consular Processing: If the applicant is already in the U.S. on a different visa, they can file Form I-485 to adjust their status to permanent resident once their priority date becomes current. If the applicant is outside the U.S., they will complete consular processing, including an interview at a U.S. consulate abroad.
Priority Dates and Visa Availability:
EB-2 visas are subject to annual numerical limits, which can lead to backlogs. An applicant’s priority date, established when the labor certification is filed, determines their place in line. Staying informed about current priority dates is crucial for managing expectations regarding the timeline for visa approval.
Alternatives to the EB-2 Visa
If the EB-2 visa does not fit your circumstances, there are alternative employment-based options, such as:
EB-1 Visa: For individuals with extraordinary ability, outstanding professors or researchers, and multinational executives or managers.
EB-3 Visa: For professionals, skilled workers, and other workers who do not meet the stringent requirements of the EB-1 or EB-2 categories.
EB-5 Visa: For individuals investing in a new commercial enterprise that creates jobs for U.S. workers.
Initial Petition: File a petition with the USCIS, demonstrating your qualifications and eligibility for the EB-1 category.
Adjustment of Status: Once your petition is approved and a visa is available, file an application to adjust your status to permanent resident. In some cases, these steps can be completed simultaneously.
How Versfeld & Hugo LLC Can Help
The EB-2 visa process can be complex, but Versfeld & Hugo LLC is here to guide you every step of the way. Our experienced attorneys will work with you to gather the necessary documentation, ensure your application is complete and accurate, and help you navigate any challenges that arise. Whether you need assistance with a standard EB-2 application or are seeking a National Interest Waiver, our team has the skills and experience to help you succeed.
Contact Versfeld & Hugo LLC today to schedule your confidential consultation and discover the best employment-based immigration options for your unique situation. Let us help you achieve your professional and personal goals in the United States.
Get Expert Help from Versfeld & Hugo LLC Today
A Faster Path to Permanent Residency
Certain professions—such as registered nurses, physical therapists, and individuals with exceptional ability in the sciences or arts—fall under Schedule A, a category where no labor certification (PERM) is required. Instead, employers can file an uncertified ETA-9089 along with Form I-140, simplifying and speeding up the green card process.
At Versfeld & Hugo LLC, we help qualified professionals take advantage of this streamlined process to achieve permanent residency faster.
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At Versfeld & Hugo LLC, our experienced immigration attorneys are dedicated to guiding clients through the complexities of U.S.
