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EB2 VISA ADVANCED DEGREE OR EXCEPTIONAL ABILITY

The EB-2 classification allows a company in the United States to employ a professional holding an advanced degree, or an individual with exceptional ability to become a lawful permanent resident.

A perfect example of an EB-2 application would be a university in New York employing a professor from London, with a doctorate in physical chemistry, to serve as a professor; or, a biomedical startup in California hiring a health expert from Tokyo, who discovered a new vaccine, to serve as a director.

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LEGAL FEE

Our fee structure is unique to us as we strive to tailor our services for each client individually. We adapt price standards that are capable of fluctuating for each client depending on their unique needs. Clients may retain us for one or all of the above steps/services.

Our typical fee for a standard EB-2 case varies. We are happy to customize a proposal for your during a consultation and walk you through what a standard EB-2 case looks like.

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CASE PROCESSING OVERVIEW

Step 1: Strategy Session for EB-2

This is the most crucial step for your entire EB-2. We will review all of the supporting documents to create a strategy, a customized checklist, and a timeline to serve as the guiding foundation for the entire case preparation.

Step 2: Determining Job Title and Duty Descriptions

The first thing USCIS looks at in your EB-2 is your job title and job duty descriptions. In this step, we will brainstorm and finalize your detailed set of job duties corresponding to your petitioner and your background.

Step 3: Filing your Prevailing Wage Determination (PWD)

In this step, we will file your PWD to the Department of Labor and wait for their response.

Step 4: Permanent Labor Certification Program (PERM) Recruitment

Once your prevailing wages is confirmed, we will coordinate with the Human Resources Manager to help the petitioning company recruit for similar talents within the U.S. talent pools.

Step 5: Filing Permanent Labor Certification Program (PERM)

The Department of Labor (DOL) needs to make sure that a foreign talent must be recruited due to the lack of similar talents in the United States. If DOL suspects that such talents exist prevalently in the U.S., they may respond with an Audit. Don’t worry when you receive an Audit. We will guide you through the process and respond to DOL.

Step 6: USCIS EB-2 Filing

In this step, we will help you collect and organize all the evidence require for USCIS EB-2 (I-140) adjudication. An extensive Attorney Support Letter is essential for the explanation and argumentation of your case.
We will also be responding to any potential Request for Evidence (RFE).

Step 7: Adjustment of Status, Work Permit, & Advance Parole

Once USCIS has approved your EB-2 application, and your Priority Date becomes current (depending on your country of birth) while you are in the United States, we will help guide you through your Adjustment of Status (I-485) application. Again, this is done with a well-crafted Attorney Support Letter and well-organized evidence presentation. When this is approved, you’ll be able to work in the United States.

Step 8: Prepare for Interview at the Consulate

It all comes down to this. We help guide you in your preparation for the interview with a U.S. Consulate by simulating the interview and ensuring the client is well-versed in the application material. Our services include a comprehensive strategy for answering inquiries posed, practice questions, thorough feedback, and other tools to help clients succeed during the interviews.

Step 9: Arrival is Only The Beginning

Our services do not end when you receive your EB-2 status, and that this step only just beginning.  To help accommodate this reality, we provide guidance over:

  • CBP – Airport Arrival
  • Dependent Visas/Work Permits
  • Reentry Permits
  • and more!
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ADDITIONAL RESOURCES

Checklist of Required Evidence

Advanced Degree

  • Proof of an advanced degree, such as a master’s or PhD;  

  • Proof of a baccalaureate degree and at least 5 years of experience in your field;  

  • Proof of a US job offer which requires an advanced degree or equivalent (baccalaureate degree and at least 5 years of experience in your field); 

Or

Exceptional Ability

  • Proof of exceptional ability in sciences, arts, or business. 

Filing Fee

The updated filing fee for EB-2 can be found here

Eligibility for EB-2

Advanced Degree 

  1. The job the applicant is applying for must require an advanced degree;
  2. Applicant must possess such an advanced degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field);
  3. Applicant must have documentation, such as an official academic record, showing that they have a U.S. advanced degree or a foreign equivalent;
  4. U.S. employer must seek labor certification from the U.S. Department of Labor that the employer has gone through an adequate recruiting process and rightly determined that no qualified American workers are willing and available to take the job, thus necessitating that the employer turn to foreign sources of labor.

Exceptional Ability 

  1. Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
  2. Letters documenting at least 10 years of full-time experience in your occupation
  3. A license to practice your profession or certification for your profession or occupation
  4. Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
  5. Membership in a professional association(s)
  6. Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
  7. Other comparable evidence of eligibility is also acceptable.
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    SAMPLE & TEMPLATES

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    Attorney Brief:  [coming soon] We will provide an attorney brief sample for the I-140 petition.

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    Cover Letter: [coming soon] We will also provide a cover letter sample for the I-140 petition.

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    Sample Request for Evidence: [coming soon] Requests for evidence can be used to strengthen the case.

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    Forms: Here is a list of the forms that are needed by USCIS

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    Sample Checklist: [coming soon] We look at the client’s unique situation and create customized checklists to strengthen their cases.

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    USCIS Fee Calculator: This is to help calculate how much the filing fee will be.

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    USCIS Mailing Address: This address is where it is mailed to USCIS.

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    USCIS Processing Timetable: This will help you figure out how long it will take to process.

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    ASC Field Offices: Listed are the addresses of the field offices for the bio-metrics.

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    FREQUENTLY ASKED QUESTIONS

    How long is the EB-2 process?

    On average, it takes about 6 months to process your form I-140. If you have to go through PERM Labor Certification, it can even take up to 8 months to 2 years.

    Will the time I worked for a sponsoring employer where I gained progressive experience count towards the requirement?

    In most cases, the Department of Labor will not allow an applicant to count the time they worked for a sponsoring employer as time where they gained progressive experience.

    For nationals who are applying for the EB-2, relying on having a bachelor’s degree and 5 years or more of progressive experience should be aware of the following stipulations.

    1. the applicant must meet the minimum education and experience qualifications before the employer files for a labor certification.
    2. the visa applicant must have met these basic requirements before beginning to work for the sponsoring company.

    What is considered an advanced degree?

    A foreign national must hold an advanced degree from an academic institute, such as a Master’s degree, a Ph.D Juris Doctor law degree, or if they are in the field of medicine to have a M.D.

    The USCIS does not require a foreign national to have an advanced degree beyond a baccalaureate if they have a B. A. or a B.S. as well as five year’s of progressive work-related experience. This is considered to be equal to a Master’s degree. The term “progressive” signifies that the responsibilities and the level of complexity of the assignments a worker has done will have increased in a progressive way during their five years of employment.

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    SCHEDULE A SESSION

    Call or email us to set up your 1-hour consultation. Easily pay the $250 consultation fee over the phone or through our email link. If you would like to have a quick chat with our team before setting up the consultation, feel free to use the calendar on the right to book your 10 minute call.

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