EB-2 Visa Attorney in San Diego, California
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EB-2 Visa Lawyer in San Diego, California
Navigating the EB-2 Visa application process can be overwhelming, especially for professionals looking to establish themselves in the United States. The EB-2 Visa offers incredible opportunities for individuals with advanced degrees or exceptional abilities, but the path to securing this visa is complex and requires careful preparation. At North County Immigration, our San Diego-based immigration attorneys specialize in helping clients successfully navigate the EB-2 Visa process. From initial eligibility assessments to the final stages of adjustment, we’re here to provide the guidance and expertise you need to achieve your immigration goals.
What is the EB-2 Visa?
The EB-2 Visa is a second-preference employment-based visa for foreign nationals who either hold advanced degrees or possess exceptional abilities in fields such as the sciences, arts, or business. The EB-2 visa allows professionals to live and work in the U.S. permanently, making it an attractive option for those seeking career opportunities in the country.
There are two main categories under the EB-2 visa:
- Advanced Degree Professionals: Individuals who hold a degree beyond a bachelor’s level or its equivalent.
- Exceptional Ability Workers: Applicants who can demonstrate exceptional skills in their field, supported by documented achievements and recognition.
Who Qualifies for an EB-2 Visa?
EB-2 Visa eligibility is divided into two categories:
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Advanced Degree Professionals: Applicants must possess a Master’s degree or higher, or the foreign equivalent. Alternatively, they may qualify if they have a Bachelor’s degree plus five years of progressive work experience in their field.
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Exceptional Ability Applicants: Individuals who can demonstrate exceptional abilities in areas such as science, business, or the arts. This requires meeting at least three of the following criteria:
- Recognition of achievements in the form of awards or certifications
- Published work in academic or industry journals
- Evidence of high salary or professional standing
- Membership in professional associations
- Significant contributions to their field
How Long Does the EB-2 Visa Process Take?
Processing times for the EB-2 Visa can vary depending on several factors, such as the applicant’s country of origin, the backlog in visa priority dates, and whether an NIW is sought. On average, it takes between 9 to 15 months to complete the EB-2 process. This includes the approval of the Form I-140 petition and subsequent adjustment of status or consular processing.
Applicants should also be aware that Labor Certification (PERM) adds several months to the process unless waived through a National Interest Waiver. The Department of Labor (DOL) needs to certify that no qualified U.S. workers are available for the job, which can take an additional 6 to 8 months.
How to Apply for an EB-2 Visa
The EB-2 Visa application is a multi-step process:
Determine Eligibility: The first step is to assess your qualifications under either the advanced degree or exceptional ability category.
Labor Certification (PERM): Unless applying for an NIW, you must obtain a labor certification from the U.S. Department of Labor. This process verifies that no qualified U.S. workers are available for the job being offered to you.
File Form I-140: Your employer (or you, in case of an NIW) must file Form I-140, Immigrant Petition for Alien Worker, with the USCIS. This petition includes supporting documentation of your qualifications, labor certification, and any applicable waivers.
Adjustment of Status or Consular Processing: Once the Form I-140 is approved and your priority date is current, you can either apply to adjust your status if you are already in the U.S. or apply for consular processing at a U.S. embassy if you are abroad.
What is the National Interest Waiver (NIW)?
The National Interest Waiver (NIW) is a provision under the EB-2 Visa category that allows applicants to bypass the Labor Certification requirement. To qualify for an NIW, applicants must prove that their work is in the national interest of the United States. This is ideal for professionals whose expertise can benefit the U.S. economy, healthcare, education, or other critical industries.
Benefits of an NIW:
- No employer sponsorship required
- You can self-petition
- Labor Certification is not required
Documents Required for EB-2 Visa Application
To apply for an EB-2 Visa, you will need to provide the following documents:
- Proof of your advanced degree (Master’s, PhD, or equivalent) or exceptional ability (certifications, published work, awards)
- Approved Labor Certification from the Department of Labor (unless applying for an NIW)
- A job offer from a U.S. employer (unless applying for an NIW)
- Letters of recommendation from recognized experts in your field
- Evidence of achievements or contributions in your industry
Why You Need an EB-2 Visa Attorney in San Diego
Navigating the EB-2 Visa process on your own can be challenging, especially with the detailed documentation and strict eligibility criteria involved. Hiring an EB-2 Visa attorney in San Diego ensures that your application is prepared thoroughly and correctly, helping you avoid delays or potential rejections.
An attorney can assist with:
- Assessing your qualifications and determining if you should apply under the advanced degree or exceptional ability category.
- Preparing and filing Form I-140, along with any supporting documents and waivers.
- Navigating the PERM labor certification process or proving eligibility for an NIW.
- Representing you in case of legal challenges or USCIS requests for additional evidence.
EB-2 Visa vs. EB-1 Visa: What’s the Difference?
The main difference between the EB-2 and EB-1 Visas is the level of achievement required:
- EB-1 Visa: Reserved for individuals with extraordinary abilities, outstanding professors or researchers, or multinational executives. No labor certification is required.
- EB-2 Visa: Requires either an advanced degree or exceptional abilities, often accompanied by labor certification, unless an NIW is granted.
Benefits of the EB-2 Visa
- Permanent Residency: EB-2 Visa holders can apply for a Green Card, which allows them to live and work in the U.S. permanently.
- Work Flexibility: You can work in your field of expertise anywhere in the U.S.
- Family Benefits: Your spouse and children under 21 can also apply for permanent residency, allowing your family to stay together.
California EB-2 Visa Immigration Lawyer
If you are ready to begin your EB-2 Visa application or have questions about the process, our team of expert attorneys is here to help. Contact our EB-2 Visa attorneys in San Diego today, and let us guide you toward a successful outcome.
Practice Areas
Criminal Defense Immigration Lawyer
Military Parole In Place Lawyer
Biden Parole in Place Program Lawyer
Employment-Based Immigration Lawyer
Family-Based Immigration Lawyer
Non-immigrant Temporary Visas Lawyer
Business Visa Immigration Lawyer
Investor Visas Lawyer: E-1/E-2, EB-5
Student Visas Lawyer: F-1, M-1, J-1
Naturalization Immigration Lawyer
Deportation & Removal Defense Lawyer
Immigration Lawyers Specializing in Waivers
Asylum Refugee Protection Lawyer
United States Citizenship Lawyer
Adam Walsh Act Immigration Lawyer
National Interest Waiver Lawyer
Diversity Visa Immigration Lawyer
Diplomatic Visa Immigration Lawyer




Our Practice Areas
NON-IMMIGRANT VISAS
FAMILY IMMIGRATION
U VISAS
INVESTOR VISAS
POST-CONVICTION RELIEF
IMMIGRANT CRIMINAL DEFENSE
DEPORTATION AND REMOVAL DEFENSE
WAIVERS OF INADMISSABILITY
What Our Client Say About Us
I cannot say enough great things about Anna and her wonderful team. My husband and I unfortunately received awful advice from previous counsel regarding an immigration issue which resulted in my being denied entry into the USA. We secured Anna’s services following this traumatic experience and she was brilliant in not only explaining the complicated systems and processes but also, making us feel heard and understood. She is sharp, brilliant and personable. Thank you Anna!
My experience was extraordinary, Anna was knowledgeable. She was very polite, she handled my case to a successful end. I RECOMMEND Anna H. to anyone with no less than a tough case. She’s indeed indeed great.
Did a consultation with North County Immigration about getting my citizenship. Ended up using their Review Service which was a great alternative. I prepared my application myself and then she reviewed my application to make sure it was correct and gave great suggestions of what documents I should include. Definitely recommend their office. They are reasonable and don’t rip you off.
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Are you facing immigration challenges and seeking expert guidance to navigate the complex legal landscape? North County Immigration is here to help!
What Sets Us Apart
Former Government Attorney
Attorney Anna M. Hysell is a former Government attorney for both the U.S. Department of Justice and the U.S. Department of Homeland Security.
Winning Complex Cases
We think like the interviewing officer or opposing government lawyer. We have earned a reputation for taking on and winning complicated immigration cases.
Experienced Litigation Team
In a field with rampant fraud and incompetence, where many are taken advantage of, our experienced team protects the rights of our clients, ensuring that each receives fair and just treatment.
Commitment To Helping
We strive to listen to our client’s and minimize their stress. We work each day to ensure our client matters are handled properly and communicate the progress at the different stages of the matter.
Upfront Review Process
During your consultation, a full analysis is made including a review of all relevant documentation. The weaknesses in the case and how to overcome them are determined, as well as what evidence will be necessary and what the most efficient way is for the client to get the results they want.
Full Service Law Firm
The Law Offices of Anna M. Hysell is one of the top civil rights firms in the San Diego area. We strategically design our lawsuits to have an impact from the start and are not afraid to take on the most challenging cases. Our goal is to always achieve justice for our clients.
Case Results
Successful Deportation Defense for a Military Family
NCI helped a client with a prior successfully avoid deportation on the grounds of hardship as the defendant’s children’s mother was deployed.
Successful Asylum Claim from the Ukraine War
NCI helped an asylee seeking to escape the devastation and heartbreak caused by the unprovoked actions of the Putin Invasion of Ukraine.
B-2 Visa Extensions Granted to Keep a Family Together
NCI was able to get 6-month extensions approved for 2 minors to stay with their ill father in the United States while he undergoes medical treatment.
Removal Stopped
NCI was able to halt the removal of a Brazilian national that was scheduled to be deported out of Houston International on the grounds of due process violations.
Reunification of an Escondido Family
NCI successfully helped an Escondido woman and her mother overcome some legal challenges and gain immigration status, allowing them to reunite.
Removal Order Rescinded
NCI was able to help rescind a removal order for our client who had the unfortunate luck of previously receiving poor counsel.
EB-2 Visa Program Attorney FAQs
How to track EB-2 visa application status?
Once you have submitted your EB-2 Visa petition (Form I-140), you can track your case status through the USCIS website using the receipt number provided. Regular updates will show the current status of your petition, including approvals, denials, or requests for additional evidence.
What is the difference between EB-2 and EB-3 visas?
The main difference between EB-2 and EB-3 visas is the qualification criteria. EB-2 is for individuals with advanced degrees or exceptional abilities, while EB-3 is for skilled workers, professionals, and other workers with lesser qualifications.
How long does it take to get an EB-2 visa?
The processing time for an EB-2 visa generally takes between 9 to 15 months, depending on factors like labor certification, USCIS processing times, and visa priority dates. For expert legal support, consider North County Immigration.
Do I need a job offer to apply for an EB-2 visa?
Yes, most EB-2 visa applications require a job offer from a U.S. employer, unless you are applying under the National Interest Waiver (NIW), which allows self-petitioning.
What is the National Interest Waiver (NIW) for EB-2 visas?
The National Interest Waiver (NIW) allows EB-2 applicants to waive the job offer and labor certification requirements if their work is in the national interest of the U.S.
How can I apply for an EB-2 visa without a labor certification?
You can apply for an EB-2 visa without a labor certification if you qualify for a National Interest Waiver (NIW), which bypasses the need for a job offer or labor certification based on the applicant’s work benefiting the U.S. For expert legal support, consider North County Immigration.
Can EB-2 visa holders apply for a green card?
Yes, EB-2 visa holders can apply for a green card once their priority date is current and they have completed the necessary steps, such as adjustment of status or consular processing. Contact us for legal support.
Can I switch employers while on an EB-2 visa?
Switching employers on an EB-2 visa may be possible, but it requires the new employer to file a new I-140 petition unless you have an NIW, which allows more flexibility in employment.
What is the EB-2 visa cap?
The U.S. government allocates a limited number of EB-2 visas each year, and visa availability depends on your country of origin. When demand exceeds supply, you may experience delays based on priority dates. For expert legal support, consider North County Immigration.
What happens if my EB-2 visa is denied?
If your EB-2 visa is denied, you can appeal the decision, submit additional evidence, or reapply after addressing the reasons for the denial. Legal counsel can help improve your chances of success.
Can I bring my family to the U.S. with an EB-2 visa?
Yes, EB-2 visa holders can bring their spouse and children under 21 to the U.S. They may be eligible for derivative visas, such as the E-21 for spouses and E-22 for children.
Can an EB-2 visa holder apply for U.S. citizenship?
es, after obtaining a green card through an EB-2 visa, you can apply for U.S. citizenship. Typically, green card holders can apply for naturalization after five years of continuous residency in the U.S.
What is the role of an immigration lawyer in the EB-2 visa process?
An immigration lawyer can help assess your eligibility, file necessary petitions, prepare supporting documents, and represent you in legal proceedings, ensuring a smoother EB-2 visa process. Contact us for legal support.