EB-2A: Advanced Degree Professionals
What is a EB-2A Visa
The EB-2A Visa is a subcategory of the EB-2 employment-based immigrant visa, specifically designed for foreign nationals who hold an advanced degree (master’s degree or higher) or its equivalent. This visa allows qualified individuals to obtain a U.S. Green Card (permanent residency) based on their educational qualifications and a job offer from a U.S. employer.
Benefits of the Family EB-2A Visa
The EB-2A Visa offers numerous benefits for beneficiaries, including:
- Premium processing: Applicants can expedite the processing of their visa petitions for an additional fee. With premium processing, applicants can receive a response from USCIS within 15 calendar days.
- Path to Citizenship: EB-2A Green Card holders can apply for U.S. citizenship after five years.
Eligibility Requirements for the EB-2A Visa
To qualify for the EB-2A visa, applicants must:
- Hold an Advanced Degree: A U.S. master’s degree or higher, or a foreign equivalent degree, or a U.S. bachelor’s degree followed by at least five years of progressive post-baccalaureate work experience in the specialty.
- Job Offer: Have a permanent job offer from a U.S. employer in their field of expertise.
- Labor Certification: Typically, the employer must obtain a labor certification from the U.S. Department of Labor, unless applying for a National Interest Waiver.
Labor Certification (PERM)
Managed by the U.S. Department of Labor (DOL), the PERM process ensures that hiring a foreign worker will not adversely affect the job opportunities, wages, and working conditions of U.S. workers. Employers must demonstrate that there are no qualified U.S. workers available for the position at the prevailing wage. Visit our dedicated page for the Labor Certification process.
Job Offer Requirements
The EB-2A visa requires a job offer from a U.S. employer, applicants must have a definite, permanent job offer and the employer must demonstrate the ability to pay the offered wage.
Visa Bulletin
The Visa Bulletin is a monthly publication issued by the U.S. Department of State that provides critical information regarding the availability of immigrant visas (green cards) for various categories of applicants. It outlines the Final Action Dates and Dates for Filing, which help applicants understand when they can proceed with their green card applications based on their priority dates.
The priority date is established when the U.S. citizen files Form I-140, Immigrant Petition for Alien Workers. This date serves as the applicant’s place in the visa queue, which is essential because the number of visas available in this category is limited.
The Final Action Date indicates when an immigrant visa number is available for issuance. If an applicant’s priority date is earlier than the Final Action Date listed for the Employment 2nd category, they are eligible to receive their green card that month.
Conversely, the Dates for Filing chart specifies the earliest dates when applicants can submit their green card applications, even if their priority date is not yet current according to the Final Action Date. This allows applicants to prepare and file their applications in advance, which can help expedite the process once their priority date becomes current.
This process can often involve significant waiting periods, depending on the demand for visas in the Employment 2nd category and the applicant’s country of origin.
Validity Period
The Green Card is typically issued as a permanent resident card, the card itself is valid for 10 years from the date of issuance.
What We Do
- Provide assistance in preparing and filing a Labor Certification and Form I-140 on behalf of a company.
- Review applications to identify potential concerns that may affect the outcome of the application
- Provide assistance to EB-2A Visa holders apply with the National Visa Center or Form I-485 Adjustment of Status.
The Employment EB-2A Visa is an essential pathway for foreign nationals with advanced degrees obtain permanent residency in the United States.
Why Choose Us?
- Expert Guidance: Our knowledgeable attorneys will walk you through the entire process, answering any questions you may have along the way.
- Tailored Support: We take the time to understand your specific circumstances and provide solutions that fit your needs.
- Peace of Mind: With our support, you can feel confident that your application is in good hands.
Ready to take the next step towards securing talent with an advanced degree? Contact our law firm today to schedule a consultation with one of our experienced immigration attorneys.
Application Process for the Employment EB-2A
Step 1 | Obtain a Labor Certification The U.S. Company must complete the PERM process to obtain an approved Labor Certification from the Department of Labor (DOL). |
Step 2 | Filing Form I-140, Immigrant Petition for Alien Workers Form I-140, Immigrant Petition for Alien Worker must be filed by the U.S. Company with USCIS along with evidence that the Beneficiary has the education, experience or skills required for the job offer. |
Step 3 | Waiting for Priority Date After USCIS approves Form I-140 petition, the applicant must wait for their priority date to become current. The priority date is the date the petition was filed, and visas are issued based on this date. The Department of State’s Visa Bulletin provides monthly updates on visa availability. |
Step 4 | Consular Processing or Adjustment of Status Consular Processing (Outside the U.S.)
Adjustment of Status (Within the U.S.)
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Frequently Asked Questions
EB-2A
- Do I need a job offer to apply for an EB-2A Green Card?
Typically, a job offer is required for the EB-2A visa, as it is an employer-sponsored category. However, if you qualify for a National Interest Waiver (NIW), you can self-petition without needing a job offer or labor certification.
- How long does it take to get an EB-2A Green Card?
The processing time for an EB-2A Green Card can vary widely based on several factors, including the applicant’s country of origin and the specific circumstances of the case. Generally, it can take anywhere from several months to a few years. Premium processing may be available to expedite the I-140 petition.
- Can my family members also get Green Cards if I obtain an EB-2A Green Card?
Yes, immediate family members, including your spouse and unmarried children under the age of 21, can apply for derivative Green Cards based on your EB-2A status. They will need to go through the appropriate application process.
- What happens if my EB-2A petition is denied?
If your EB-2A petition is denied, you will receive a notice explaining the reasons for the denial. You may have options to appeal the decision or file a motion to reopen or reconsider the case, depending on the specific circumstances.
- Can I change employers after receiving my EB-2A Green Card?
Yes, you can change employers after obtaining your EB-2A Green Card. However, the new job must be in the same or a similar occupational category, and the new employer may need to file a new Form I-140 petition on your behalf.
- Can I apply for U.S. citizenship after obtaining an EB-2A Green Card?
Yes, after holding your EB-2A Green Card for a certain period (typically five years), you can apply for U.S. citizenship through the naturalization process, provided you meet all other eligibility requirements.
