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Bay Area EB-2 Visa Immigration Attorney

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Every business needs qualified employees. In today’s global economy, those qualified employees reside near and far. If your company must secure visas for your professional team members, then Silver Law firm’s team of San Francisco Bay Area immigration lawyers can help. EB-2 visas enable those with advanced degrees or exceptional abilities to work in the U.S.

Just like first priority EB-1 visas, second priority EB-2 visas are available to three types of employees.

Advanced Degree

There are two types of requirements for an EB-2A visa. First, the position you’re offering must require an advanced degree, or a bachelor’s degree plus five years of work experience. Second, the applicant must document their education and, if they don’t have a graduate degree, they must have letters from employers outlining their relevant work experience.

Exceptional Ability

An EB-2B visa is available if the applicant has exceptional ability in business, science, or the arts. In order to qualify for an EB-2B visa, they have to submit evidence for at least three of the following seven criteria:

  • Official documentation of their academic record relating to their area of expertise
  • Documentation demonstrating ten years of experience working in their field
  • A professional license or certification
  • Being paid in accordance with their ability
  • Membership in a professional association
  • Recognition of their contributions by peers, relevant organizations, or governments
  • Comparable evidence that establishes their exceptional ability

Both EB-2A and EB-2B visas typically require that you provide an individual labor certification. The certification process, called PERM, involves obtaining a prevailing wage determination from the U.S. Department of Labor, attempting to recruit U.S. workers for the position, and meeting certain advertising requirements. Then, you file your request with the DOL. If the PERM is approved, you can then file the EB-2B visa petition.

National Interest Waiver

In contrast to EB-2A and EB-2B visas, EB-2C visas do not require individual labor certification, and a prospective employee can file a petition on their own behalf. These visas are issued to those who meet at least three of the seven criteria listed above and whose employment will benefit the U.S. as a whole. Making this argument is like threading a needle, so having experienced Bay Area immigration attorneys navigate this process for you can be invaluable.

Negotiating the USCIS and the visa application process is complex and can be daunting. Relying on Silver Law Firm ensures that the correct visas are sought and that the visa applications are properly completed.

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