NYC EB-2 Visa Lawyer (Brooklyn, Manhattan)

Employment-based immigration rules can lead to a speedy entry into the United States if you find a job worthy of your skills and talent. In specific categories, labor shortages require employers to seek an NIW lawyer to help them find those highly rated skills. If you’re a professional in one of those fields, you can improve your chances of obtaining an EB-2 visa by calling Alina Kats at Kats Immigration Law in New York City, especially if you’re seeking an expedited visa.

What Is an EB-2 Visa?

The EB-2 visa category is an employment-based immigration program for highly skilled professionals with advanced degrees. An EB2 visa can lead you to permanent residency in the United States as you contribute to the economy, culture and society. It’s designed for many industries ranging from technology and science to education and healthcare.

Each category in the EB2 program has its own specific eligibility requirements. Whether you’re applying with an advanced degree, exceptional ability or national interest waiver (NIW), get assistance from the best EB2 immigration lawyer. Alina Kats at Kats Immigration Law, with offices in Manhattan and Brooklyn, ensures that you meet all the requirements to improve your chances of getting your application approved.

What Are the Eligibility and Documentation Requirements for an EB-2 Visa?

Your eligibility and documentation requirements totally depend on the EB2 category you’re applying for. Some categories may require a master’s degree, Ph.D., or an equivalent foreign degree and five years of work experience in your field. The EB-2 visa is divided into three subcategories, including:

• Advanced degree professionals for EB-2A. You must have official academic records showing the degree earned, or letters from employers documenting your work experience and describing your job duties and responsibilities.
• Individuals with exceptional ability for EB-2B. Your exceptional ability must be in the areas of sciences, arts or business and academic records. Awards from your educational institution, a letter stating at least 10 years of experience, a license to practice your profession, membership in professional associations and other supporting documents may be required.
• National interest waiver (NIW) for EB-2C. You must meet the criteria for either the advanced degree or exceptional ability subcategories, but you must also prove that it benefits the U.S. economy, healthcare system, educational system, environment or other critical areas. A detailed description of your work, evidence of your past achievements, expert testimonials and any relevant research, projects or publications that illustrate your contributions serve as proof.

It can be challenging if your field of expertise is niche, or your contributions aren’t widely recognized. If you fail to address U.S. Citizenship and Immigration Services (USCIS) concerns properly, it can result in delays or even visa denial. The best EB2 NIW lawyers develop a strategic plan according to your case and make sure that all aspects of your application are carefully prepared and presented.

How Can an EB2 Immigration Lawyer Help with the Application Process?

An EB2 immigration attorney reviews your educational background, work experience and professional achievements to identify the most appropriate subcategory for your application. An EB-2 visa attorney conducts a detailed analysis of your case by comparing your qualifications against the specific requirements of the EB-2 visa. Your NYC attorney finds any weaknesses in your EB-2 application and offers services such as:

• Reviewing a document checklist. Your EB-2 visa attorney helps with required documents based on your specific subcategory, guiding you in collecting all necessary documentation.
• Organizing and reviewing documents. An expert EB2 visa attorney manages your documents systematically, and makes sure they’re accurate and complete, presented in a clear and logical manner.
• Writing effective petitions. An EB-2 NIW attorney drafts a convincing petition, which clearly outlines how your work is of substantial intrinsic merit.
• Replying to requests for evidence. Your EB2 lawyer collects additional information and makes sure that your response addresses all concerns raised by USCIS.
• Advocating for and supporting you. Your attorney acts as your advocate and addresses issues or challenges that arise.

An EB2 immigration lawyer keeps you informed regarding the status of your application and any updates or changes in immigration law that may affect your case. Experienced EB2 immigration attorneys have in-depth knowledge of immigration laws, regulations and policies.

What’s the Labor Certification Process for EB2 Visas?

Labor certification, also called the Program Electronic Review Management (PERM) process is mandatory if you’re looking for an EB-2 visa in the advanced degree or exceptional ability subcategories of EB-2. The PERM process makes sure that hiring you as a foreign worker won’t negatively impact U.S. job opportunities, wages and working conditions. The Department of Labor (DOL) regulates the labor certification process to protect U.S. workers. Steps your employer must take to obtain certification include:

• Determining job requirements and prevailing wage. Your employer must define your job position’s description, requirements and duties, and obtain a prevailing wage determination specifying the minimum wage they must pay you.
• Following a recruitment process. Your employer must conduct a recruitment process including job advertisements, job fairs, on-campus recruiting and company website postings, and prepare a recruitment report summarizing the recruitment results.
• Filing ETA form 9089. Once the recruitment process is completed, your employer can file an application for permanent employment certification with the DOL.

Alina Kats is a qualified EB2 NIW attorney near me in NYC who can guide you through the recruitment process, making sure all steps comply with DOL regulations. Contact Kats Immigration Law located in Brooklyn, Manhattan, and New York City, or book a one-on-one virtual consultation with an experienced EB-2 visa attorney, and make sure your labor certification is completed within specific timelines.