EB2 visa

Certain investors and entrepreneurs may be eligible to use the first preference (EB1) or second preference (EB2) employment immigration categories to meet their immigration goals. For those businesspeople who meet the eligibility requirements, the EB1 and EB2 categories are very attractive due to the EB1 category not requiring labor certification and the EB2 category having a “national interest waiver” from the labor certification requirement. This article will explain the special considerations for such businesspeople who are considering applying under the EB1 or EB2 categories.

In order for an immigrant visa petition in the Second Preference (EB2) category as an advanced degree professional, the beneficiary of the petition must meet certain educational benchmarks in order to qualify for EB2 classification. Furthermore, the petition must be for a position that requires an advanced degree professional. In this article, we will explain the rules for meeting the degree equivalency requirements as an “advanced degree professional,” and the issues that commonly appear in such situations.

This employment based immigration route is outlined in the INA §203(b)(2) as codified in U.S.C § 153(b)(2. The applicable regulations can be found in 8 C.F.R 204.(5(k). 28.6% of the worldwide visas plus unused first preference visas are reserved for this preference category. As a general matter and given the more stringent educational requirements, this category is less backlogged and as such more preferable for qualified individuals.

On December 27, 2016, the Administrative Appeals Office (AAO) issued a precedent decision in the Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). In this article, we will examine how the new analytical framework in Dhanasar was applied to the facts of the instant case to find that the petitioner should be granted an EB2 national interest waiver.

On December 27, 2016, the Administrative Appeals Office (AAO) issued a precedent decision in the Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). The decision addressed when the United States Citizenship and Immigration Services (USCIS) may grant a national interest waiver to a petitioner seeking an immigrant visa for a foreign national in the employment-based second preference category. The AAO’s decision vacated a previous precedent decision on the same issue in the Matter of New York State Dep’t of Transportation (“NYSDOT”), 22 I&N Dec. 215 (Acting Assoc. Comm’r 1998). In this article, we will examine the relevant statutes, the AAO’s now-vacated test from NYSDOT, and the new analytical framework established in the instant case.

The National Interest Waiver allows certain Employment-Based applicants to forego much of the hurdles in other Employment-based applications, mainly the labor certification. Like the labor certification, the National Interest Waiver was established in the interests of the United States. This waiver, however, allows advanced degree professionals or those with exceptional abilities to contribute to the development of the nation without the.

The United States makes approximately 140,000 immigrant visas available each fiscal year for aliens as well as their spouses and children who wish to immigrate to the United States based on their occupational skills. An individual needs the right combination of skills, education, and/or work experience to qualify for an employment-based immigrant visa and may be able to permanently reside in the United States. There are five employment-based immigrant visa preferences categories.