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Second Preference (EB-2) Your Dream is My Dream

Tampa, FL Second Preference EB-2 Visa Attorney 

The Second Preference EB-2 visa category is an employment-based immigration option in the United States. It is designed for members of the professions holding advanced degrees or immigrants of exceptional abilities. The advanced degree must be higher than a bachelor’s and could be met by a BA and work experience.

Only some people with an advanced degree may qualify for an EB-2 visa in this category. You must demonstrate that you are a professional. Professionals must have a minimum of a B.A. or equivalent in their county to work in their occupation. 

Professionals in this category are defined in INA §101(a)(32) as including “but not limited to architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or second schools, colleges, academics, or seminaries.”  

For legal help with your visa, consult our Tampa Second Preference Eb-2 visa lawyer. You can reach us by email or phone at (813) 499-1250

Eligibility Requirements 

A bachelor’s degree with five years of progressive experience is the equivalent of a MA degree per 8 CFR §204.5(k)(3)(i)(B). The five years of progressive experience must involve more responsibility and knowledge in the specialty field.

Definition of Exceptional Ability:

Exceptional ability is a degree of expertise significantly above the level ordinarily encountered. 

The applicant must show proof of three of the following:

  • Degree relating to the area of specialty;
  • Letter from employers showing 10 years of experience;
  • License to practice a profession;
  • The applicant commanded a salary demonstrating exceptional ability;
  • Membership in professional association; and
  • Recognition for achievement and significant contributions to the industry.

Comparable evidence might be submitted, including expert opinion letters. This includes athletes and entertainers. 

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National Interest Waivers (NIW):

The National Interest Waiver (NIW) is an exemption that allows applicants to bypass the job offer and labor certification requirement for the EB-2 Second Preference employment-based immigrant visa. It is available to individuals who can demonstrate that their work or expertise would be in the national interest of the United States. By filing an NIW petition, applicants can self-petition and do not need an employer to sponsor them.

The NIW is designed for individuals with exceptional ability or advanced degrees. It is granted based on their potential to contribute significantly to science, art, business, education, or athletics or to benefit the U.S. economy, cultural interests, or national defense. By obtaining an NIW, applicants can pursue a green card without the usual requirement of a labor certification and job offer.

Applying for an NIW involves submitting evidence of the applicant's exceptional ability or advanced degree and supporting documentation demonstrating their significant contributions to their field and the national interest. The USCIS evaluates each NIW petition on a case-by-case basis.

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