US companies can sponsor their employees for EB-2 green cards if the employees either have advanced college degrees or have exceptional professional abilities.
To qualify for a green card under this category, the job should require:
If the foreign nationals do not posses Masters' degrees related to their job,
the US employers may still file for EB-2 if they have exceptional abilities.
The foreign nationals have exceptional ability if they can meet at least 3 of these criteria:
To get an EB-2 green card, the US employer files a petition on behalf of their foreign national employee. Obtaining a green card through the employer is a 3-part process:
For a deep dive into the government's processes, please visit the USCIS page dedicated to EB-2 green cards.
EB-2 and EB-3 are the most used categories for employment based green cards. Most of the employment-based green cards filed are in either EB-2 or EB-3 categories. The EB-2 category green cards are mostly filed for people working in professional fields such as STEMS, finance, education or health care industries, or for licensed professions such as lawyers, accountants, architects. While most EB-2s are filed for professional fields, we also do a case-by-case analysis for clients in other fields to see if they will qualify for EB-2 green cards.
There are distinct advantages of the EB-2 category:
Though the EB-2 petition is one of the simplest employment-based green-card filings, still, the petition must be planned strategically and drafted carefully. As your attorneys, there are several pitfalls we always watch for:What should the Job Description be
One of the most important things an attorney does is to draft the legal "job description". When filing for an EB-2, we need to maintain a careful balance so that all the different rules are met. For example,
As attorneys, it is our job to know all the Department of Labor and USCIS rules related to job descriptions and to craft a job description that is both accurate and meets the legal criteria. At Immigration Desk, we have over 2 decades of experience drafting job descriptions that accurately capture the minimum requirements of the job and get green cards in EB-2 approved.
Employee is Qualified to do the Job
Employer can afford the Salary
Calculating the Right Time to File the Green Card
It is also crucial for an attorney to watch the process timeline. Attorneys must know the processing time of each step of the process. Foreign nationals on most work visas have limits to how long they can work on their temporary visas. If the green card is not filed on time, the foreign national’s work visa may expire and they may be forced to either leave the United States or change to an expensive visa to stay.
There are a host of different details, such as those mentioned above, that must be verified for a successful EB-2 filing. With over 25 years of experience handling work, investment and family immigration exclusively, we are well qualified to help with your green card filings.
We welcome the opportunity to help you get your green card through the EB-2 category.
With over 2 decades of experience, our legal team has successfully handled almost every possible EB-2 scenario. As your attorneys, our aim is to help you obtain a green card with minimal disruption to your life, whether you are an employer, the over-worked human resources manager, or a foreign national.
We help mid- to large-sized employers file green cards for multiple employees simultaneously. We also represent the small business owner who is filing a green card for a single employee. We understand that larger employers want to have minimal disruption to their day by the legal demands of the filing process. For a small business, where each employee is critical to their business success, the employee very directly affects their profitability of the employer, and it is a priority to get the green card approved fast.
When you let us know that your green card needs to be started, we review the case file in great detail, so we can advise you of what you should be doing when, mindful of the government’s processing times, which change frequently. This helps the foreign national to continue to work on their temporary work visa without having to leave the country.
We also discuss the employers' financial obligations, and the foreign nationals' qualifications so there are no surprises. This in-depth review helps us identify any problems that may arise. Our aim is to identify and solve any issue before the green card petition is started.
We also provide a schedule of all costs associated with the process so there are no surprises.
With a team of over 50 trained paralegals, our team is proficient in helping you collect documents, meet timelines, and help HR departments streamline the process, so it’s easy, straightforward, and cost-efficient. Our team takes great pride in helping you file flawless petitions that get approved quickly and painlessly.
Above, we have described some of the common considerations while filing for a EB-2 green card petition. As attorneys, we believe in helping our clients succeed. It is our privilege to help you and your employees in obtaining permanent residency to work in the US at professional positions.
Please contact us to discuss how we can make the EB-2 process easy for you.
My EB-2 I-140 (green card) was denied for ability to pay as I applied as a future employee for a small company. Attorney Anu Gupta filed a Motion to Reopen the case and wrote a detailed letter to the USCIS with all the details of why the case should be approved....
Based on her hard work and legal knowledge, my I-140 was approved. In all this process, she was very helpful and approachable and was always available. She answered all my calls and replied all my emails.
Thank you very much for your kind help.
I own a Human Resources company and work with numerous professional corporations. Attorney Gupta (Immigration Desk) is an excellent Immigration Attorney. I have recommended Ms. Gupta and Immigration Desk to different companies, and they have all been very happy with her services....
What I appreciate about Attorney Gupta is her and her team's responsiveness. They can turn around a work visa (H-1B) and PERM Labor Certification faster than any Immigration Attorney I have ever worked with. In fact, the only Immigration lawfirm I recommend is Immigration Desk.
I hired Anu to process my H1B then followed by permanent residency (EB-2) application.
I never got a chance to meet her in person but she made everything like a charm. Her communications via call & email, follow-up and updates on your case are 2nd to none. She knows what she is doing and just trust her by providing all the information she seeks for. If you have doubt or skeptical on your case, don’t worry she will make it happen. She is BEST in the industry & TRUE to her word. Thanks Anu!
Anu is one of the best, most trustworthy and knowledgeable immigration attorneys in United states. She goes out of her way to explain complex cases and legal interpretations in a way that that both my employees and I can understand completely.
Ms. Gupta has partnered with Sierrasonic since we started over ten years ago, and she has handled all of our immigration cases....
As an employer we recommend her highly since we got approvals on complex cases because of her expertise. Also, one of the most comforting things about our relationship is Ms. Gupta’s superior customer service. She goes out of her way to explain complex cases and law interpretations in a way that both my employees and I can understand completely.
She is extremely responsive. I know I can talk to Ms. Gupta at any time of the day, which is great when we encounter challenging immigration situations.
She makes my employees feel special, listening to every detail of their unique situations. I’ve had numerous employees tell me, Anu is the right lawyer for me.