EB-2 Lawyer in Jacksonville
EB-2 (employment-based, second preference) is a visa category for professional workers with advanced degrees or exceptional ability in business, arts, or sciences. It is one of the routes available for individuals seeking to receive a green card within The United States. Some who are eligible to use an EB-2 green card may also qualify for an EB-2 NIW (national interest waiver).
The Law Office of Joanne M. Fakhre, P.A. provides skilled legal representation for employers and business immigrants in Jacksonville. Attorney Fakhre has more than 20 years of legal experience and will guide you through the entire immigration process. When you work with our firm, we will draft the required forms and letters that this application requires.
Contact our office at (904) 447-1937to learn how we can help you with your EB-2 status change or green card application.
Types of Workers and Professionals in EB-2
To qualify for an EB-2, professionals), and those with exceptional ability (workers with a degree of expertise above what is typically found in their field of work), advanced degrees, or a bachelor’s degree in their chosen field plus 5 years of progressive work experience must apply.
There are two types of employment-based second preference categories:
- EB-2(A) – Advanced Degree) – You must have a job offer that requires an advanced degree (master degree + 30 credits past bachelor degree, bachelors + 5 years of experience in field) in your field of study.
- EB-2(B) – Exceptional Ability/Scientists, Artists, Businesspersons– You must have a job offer that requires your exceptional ability in the sciences, arts or business.
- EB-2(C) – Exceptional Ability/National Interest Waiver (NIW) – This category, referred to as National Interest Waiver (NIW), does not require a job offer, a U.S. employer, or Labor Certification.
In order to be considered an individual with exceptional ability, you must demonstrate exceptional ability in any one of the following ways:
- At least 10 years of full-time experience in your occupation that is documented by letters of experience from current and past employers, educational institutions, or service organizations;
- Licensure to practice your profession in the particular U.S. jurisdiction;
- Proof of recognition for your achievements and significant contributions by peers, governmental entities, or professional or business-related organizations;
- Proof of having commanded a significantly high salary in relation to your peers.
What is Form I-140?
Form I-140, Immigration Petition for Alien Worker, is used to petition US Citizenship and Immigration Services (“USCIS”) to classify an alien beneficiary as eligible for an immigrant visa based upon employment.
Immigration Attorney Joanne Fakhre and her team are very experienced in completing Form I-140 and thoroughly understands the many EB-2 qualifications and requirements, including how they are applied by USCIS. To assist clients in the preparation of an I-140 petition, Ms. Fakhre completes a thorough intake process to determine eligibility under the applicable EB-2 category and address any EB-2 visa processing time concerns with clients.
We also interface with employers and their designees to supplement the documentation required by USCIS, carefully draft and tailor the offer of employment and related documentation to meet USCIS’ requirements, and prepare the various forms and letters that the I-140 petition requires.
EB-2 Green Card Process
To obtain an EB-2 green card in the multistep process, your employer must first file an I-140 immigrant petition on your behalf. Once your priority date is current, you will be able to apply for lawful permanent resident status by filing Form I-485 along with your EB-2 visa number.
Some details we will take care of include, but are not limited to:
- Carefully drafting and tailoring an offer of employment and related documentation
- Completing all necessary forms and letters that the I-140 petition requires
- Addressing any EB-2 priority date concerns
- Assisting employers in their compliance with the labor certification process (PERM Exemplifying a National Interest)
For more information, please refer to our immigration resources and Immigration Blog pages.
Reasons for EB-2 Denials
The most frequent reason for an EB-2 denial is the failure to satisfy all of the required documentation or application form.
Other common reasons for denial include:
- The offered job does not meet the minimum educational requirement
- There is no available labor certification
- The individual does not possess the required documentation for the position
Consult The Law Office of Joanne M. Fakhre, P.A.
Since its inception, The Law Office of Joanne M. Fakhre, P.A. has made Excellent Communication and Exceptional Service keynotes of the firm, realizing that the attorney-client relationship is just as important as the legal services we perform. We prioritize open lines of communication in every case and are attentive to your needs, concerns, and requests. Let our EB-2 green card attorney in Jacksonville take care of the details and work with you step-by-step.
We are standing by to discuss your EB-2 and EB-2 NIW questions, so contact The Law Office of Joanne M. Fakhre, P.A. at (904) 447-1937 today. Convenient consultations are available.
