PERM Visa Attorney in San Jose, CA, Guiding Businesses and Individuals Through the EB-2 Visa Process
There are various employment-based visas available for highly skilled foreign nationals. The immigration attorney at the Yew Immigration Law Group, a P.C., has helped many immigrants qualify for such visas, putting them on the road to permanent residency.
If you hold an advanced degree or demonstrate exceptional ability in your chosen field, you may be eligible for an EB-2 visa.
What is the Importance of Obtaining a PERM Labor Certification from the Department of Labor?
If you are qualified for an EB-2, the first step you must take is to obtain Program Electronic Review Management (PERM) System Labor Certification. For those seeking an employment-based green card, the EB-2 is unique in that applicants are required to have obtained a PERM labor certification prior to petitioning for the visas. The PERM labor certification may be waived if the foreign worker provided evidence that the worker would be of use to the interests of the United States.
How to Determine if You’re Qualified for an EB-2 Visa?
The EB-2 visa, also known as a second preference immigration petition, is a pathway to permanent residency with two categories. The first one is for professionals holding an advanced degree or its equivalent. The second is for individuals who, through their exceptional ability in the sciences, arts, or business, are likely to substantially benefit the national economy, cultural or educational interests, or welfare of the U.S.
Like other employment-based immigration visas, the EB-2 visa has its own set of stringent requirements for individuals who wish to apply. Through the years, our law office has successfully represented clients, providing documentation of and proving their eligibility for this classification before the U.S. Citizenship and Immigration Services (USCIS).
To qualify for an EB-2 visa, you must meet the following requirements:
- For advanced degree professionals: You must have an advanced degree beyond a bachelor’s degree or have a bachelor’s degree plus five years or more of experience in your field of expertise. Additionally, you must have a job offer for a permanent full-time position that requires an advanced degree and possess the degree or its equivalent in education and work experience.
- For exceptional ability individuals: “Exceptional ability” means a degree of expertise significantly above that ordinarily encountered in the science, arts, or business. If you fall under this sub-category, you must be able to provide evidence of three or more of the following:
- Official academic records show you have a university degree related to your area of exceptional ability.
- Employment letters or certifications showing you have at least ten years of full-time experience in the occupation for which you are being sought.
- License to practice or certification for the profession or occupation.
- Evidence you have commanded a high salary or remuneration for your services.
- Evidence of membership in professional associations and/or documentation of your significant contributions and achievements to the field, as well as recognition by peers, governmental entities, or professional or business organizations.
- If the above standards do not readily apply to the occupation, comparable evidence to establish the individual’s eligibility to the extent necessary.
Can PERM Visa Lawyers Help You with the Application Process?
To obtain an EB-2 visa, you must have a job offer for a permanent full-time position and an approved Labor Certification, unless you hold a National Interest Waiver (NIW). The NIW essentially allows you to apply for an immigration petition without a Labor Certification or job offer.
To start the process, your U.S. employer files a Labor Certification with the U.S. Department of Labor, confirming that they have attempted to recruit U.S. workers for the job opening but found none who were willing and qualified. The Labor Certification must indicate that the position offered requires the education, training, or experience that you possess.
Once the Labor Certification is approved, the employer submits an immigrant visa petition (Form I-140) and other necessary documents to USCIS on your behalf.
Depending on the visa preference category, your country of birth, and the fluctuations in visa demand, you may need to wait for an immigrant visa number to become current before you apply to adjust the status (if in the U.S.) or apply for an immigrant visa from a U.S. consulate abroad (called consular processing). In particular, in the EB-2 category, there is generally a processing time for those whose country of birth is China or India.
In such situations, you are assigned a priority date (the date the Labor Certification is filed) and must wait until your priority date is “current” before you can apply for an immigrant visa from abroad or adjustment of status.
If you are married or have children, your spouse and/or children may accompany you and receive permanent resident status.
What is the Importance of the Confidential Attorney-Client Relationship
Looking at the list of requirements and knowing you can provide all the necessary documents can make you (or your U.S. employer) feel complacent enough to want to do this on your own. But like all employment-based immigrant visa applications, the process doesn’t simply stop at submitting proof of evidence.
In evaluating the evidence presented to them, USCIS applies a two-step approach by determining whether you meet the threshold requirements and then whether the evidence submitted is sufficient to demonstrate that you meet the required high level of expertise.
Immigration lawyers can help you, and your employer prepare all the forms and documents, as well as present the case before the USCIS to maximize your chances of obtaining the visa.
Contact Yew Immigration Law Group to Schedule a Consultation
If you’re considering applying for an EB-2 visa or are seeking one on behalf of an employee, our attorney has the experience to help you navigate the PERM labor certification process.
Our law firm is based out of San Jose, but we provide services to foreign workers across the state of California, including localities such as San Francisco, Oakland, Fresno, Redwood City, Alameda County, San Mateo County, and Santa Clara County.
Contact us online through our website or by phone at (408) 645-6395 to schedule a consultation.