EB-2 Visa for Extraordinary Ability

At the Law Office of Nathan Earwood, we understand that navigating the U.S. immigration system can feel overwhelming. Whether you’re seeking an EB-2 visa for extraordinary ability or a National Interest Waiver (NIW), our experienced team is here to provide clear guidance and dependable legal representation. With years of experience and five convenient locations across western North Carolina, our attorneys are ready to help you take the next step toward achieving your dreams.

Trusted Guidance When You Need It Most

What Is the EB-2 Visa for Extraordinary Ability?

The EB-2 visa is a second-preference, employment-based visa for individuals who demonstrate exceptional ability in their field. This visa is designed for professionals in science, arts, or business who possess expertise significantly above the norm.

Unlike the EB-1 visa, which requires evidence of extraordinary achievement, the EB-2 visa sets a more accessible standard while still recognizing your remarkable contributions. If you meet the criteria, this visa can provide a pathway to permanent residency in the United States.

Why Choose the Law Office of Nathan Earwood for Your EB-2 Visa?

Trusted Expertise and Personalized Service: With five locations across Western North Carolina, we offer accessible legal services tailored to your unique needs. Our compassionate approach and proven track record set us apart.

Flexible Consultations: We understand your busy schedule and offer consultations virtually, by phone, or in person at one of our offices in Asheville, Waynesville, Sylva, Franklin, and Robbinsville.

Comprehensive Immigration Support: Immigration law is federal, so we can represent clients anywhere in the United States. No matter where you’re located, we’re ready to help.

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How Do You Qualify for the EB-2 Visa for Extraordinary Ability?

To qualify for an EB-2 visa, you must demonstrate exceptional ability in your field through a combination of education, experience, and professional achievements.

Key Eligibility Requirements

Advanced Degree or Equivalent:
- Hold an advanced degree (e.g., Master’s or Ph.D.), or
- A post-baccalaureate degree (bachelor’s degree) with at least five years of progressive work experience in your field.
Exceptional Ability:
- Provide documentation showing expertise that is significantly above what is typical in your field.
- Evidence may include:
  - Membership in professional organizations.
  - Recognition for significant contributions.
  - Proof of high salaries or achievements.

What Is the EB-2 National Interest Waiver (NIW)?

A National Interest Waiver (NIW) allows you to bypass the labor certification and job offer requirements, which are typically mandatory for EB-2 visas. This waiver is granted when your work is deemed to benefit the United States in areas like the economy, healthcare, or education.

EB-2 NIW Requirements

To qualify for an NIW, you must:

Meet the basic EB-2 visa criteria (advanced degree or exceptional ability).
Demonstrate that your work is in the national interest by proving:
1. It is of substantial merit and importance.
2. You are well-positioned to advance the proposed endeavor.
3. Waiving the job offer requirement would benefit the U.S.

EB-2 Visa Application Process

1. Determine Your Eligibility

Start by gathering evidence of your qualifications, such as academic records, professional memberships, or letters documenting your achievements.

2. File for Labor Certification (If Applicable)

If you do not qualify for an NIW, your employer must obtain a labor certification from the Department of Labor to confirm that hiring you will not adversely affect U.S. workers.

3. Submit Form I-140

Your employer (or you, if applying for an NIW) must file Form I-140, the Immigrant Petition for Alien Workers.

4. Wait for Your EB-2 Priority Date

Once your I-140 is approved, you’ll need to check the visa bulletin to confirm when your EB-2 priority date becomes current.

5. Apply for a Green Card

After your priority date is current, you can adjust your status (Form I-485) or complete consular processing, depending on your location.

EB-2 NIW Processing Time

Processing times for the EB-2 visa vary based on factors like your country of origin and whether premium processing is used. On average:

Form I-140: 6-8 months (15 days with premium processing).
Adjustment of Status or Consular Processing: 6 months to 2 years.