EB-2 Advanced Degree or Exceptional Ability Attorneys in Dallas, TX
The EB-2 immigrant visa, also known as a second preference employment-based visa, is reserved for foreign nationals who either:
- Hold an advanced degree, or
- Demonstrate exceptional ability in the sciences, arts, or business.
The category is subject to annual per-country limits.
Job Offer and Labor Certification Requirements
In most cases, EB-2 applicants must have a job offer and obtain Department of Labor (DOL) certification. The DOL certification confirms that qualified U.S. workers are unavailable for the position and that the offered wages and working conditions will not adversely affect the U.S. workforce. Without this certification, the applicant is generally inadmissible.
When Labor Certification is Not Required
There are two situations where labor certification is not required for EB-2 applicants:
Schedule A Occupations
For certain Schedule A occupations, a DOL-approved labor certification is not required because the DOL has already determined that there are not enough U.S. workers in those occupations. These include:
- Group I: Professional nurses and physical therapists
- Group II: Individuals with exceptional ability in the sciences or arts (including college and university teachers) or in the performing arts
For these occupations, the petition must include a completed, uncertified Form ETA-9089 (including all applicable appendices), a signed Final Determination, and a valid prevailing wage determination tracking number entered in Section E, Item 1 of the Form ETA-9089.
National Interest Waiver
An EB-2 petition may request a waiver of the job offer and the labor certification if the work is in the national interest of the United States. National Interest Waiver (NIW) petitions must include a completed Form ETA-9089, Appendix A, and a signed Form ETA-9089, Final Determination.
Why Choose Coleman Jackson, P.C. for EB-2 Guidance?
As experienced business immigration attorneys and counselors, we know how to guide you through the EB-2 visa process with skill, experience, and precision. We can assist with USCIS requirements for:
EB-2 Advanced Degree Holders
- Provide evidence of your U.S. degree above a bachelor’s (or foreign equivalent), or a U.S. bachelor’s (or foreign equivalent) plus 5 years of progressive experience in your field.
- Show that your occupation requires at least a bachelor’s degree for entry.
EB-2 Exceptional Ability Professionals
- Demonstrate exceptional ability in the sciences, arts, or business if you do not hold an advanced degree.
- Provide evidence linking your area of exceptional ability directly to your proposed endeavor and help meet at least three USCIS criteria for eligibility.
EB-2 National Interest Waiver (NIW) Applicants
- Prong 1: Substantial Merit and National Importance – Explain your proposed endeavor clearly and provide evidence of meaningful benefits to the U.S. beyond a single employer.
- Prong 2: Well-Positioned to Advance the Endeavor – Demonstrate that you are well-positioned to advance your endeavor by presenting your qualifications, detailed plans, progress to date, and support from customers, investors, or other stakeholders.
- Prong 3: Benefit to the United States – Show why labor certification would be impractical, highlight the national benefits of your contributions, and explain any urgency that supports waiving the process.
Need a Skilled Business Immigration Attorney for Your EB-2 Visa?
Contact our experienced Dallas-based business immigration attorneys at Coleman Jackson, Professional Corporation today at (214) 599-0431 to discuss your EB-2 visa needs.
