KPB Immigration Law Firm

EB2 Visa in San Jose, CA

Expert Immigration Services for Skilled Professionals in San Jose

Expert EB2 Visa Services in San Jose, CA

KPB Immigration Law Firm provides comprehensive EB2 visa and employment-based immigration services with over 15 years of experience helping professionals secure permanent residency in San Jose.

The EB2 Visa Process in San Jose

The process of obtaining an EB2 visa in San Jose involves several steps. Our experienced immigration attorneys will guide you through each stage, ensuring your application is properly prepared and submitted.

1

Eligibility Assessment

We'll determine if you qualify for EB2 visa based on your advanced degree, exceptional ability, or eligibility for a National Interest Waiver.

2

PERM Labor Certification

For standard EB2 applications, we'll help your employer navigate the labor certification process (unless you qualify for a National Interest Waiver).

3

I-140 Petition

We'll prepare and file your Form I-140 Immigrant Petition for Alien Worker with comprehensive supporting documentation tailored to your specific qualifications.

4

Adjustment of Status/Consular Processing

Once your I-140 is approved, we'll guide you through either adjustment of status (if you're in the U.S.) or consular processing (if you're abroad).

5

Biometrics & Interview

We'll prepare you for your biometrics appointment and potential interview at the San Jose USCIS office, ensuring you're fully prepared for this important step.

6

Green Card Approval

Upon approval, you'll receive your permanent resident card (green card), allowing you to live and work permanently in the United States.

Eligibility Requirements for EB2 Visa

  • Advanced Degree: Hold an advanced degree (master's or higher) or a bachelor's degree plus 5 years of progressive experience in your field.
  • Job Offer: Have a permanent job offer from a U.S. employer (unless you qualify for a National Interest Waiver).
  • Labor Certification: Your employer must obtain a labor certification from the Department of Labor (unless you qualify for a National Interest Waiver).

National Interest Waiver (NIW) Requirements:

  • Substantial Merit: Your proposed endeavor has substantial merit and national importance.
  • Well-Positioned: You are well-positioned to advance the proposed endeavor.
  • Beneficial to the U.S.: On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements.

Note: The EB2 visa category is subject to annual numerical limitations and country-specific quotas that may result in waiting periods for certain nationalities. Our San Jose immigration attorneys can help determine your priority date and develop strategies to navigate potential delays.

Why Choose KPB Immigration Law Firm for Your EB2 Visa Process?

Expertise in Silicon Valley Immigration

Our attorneys have extensive experience with employment-based immigration for San Jose's tech industry and understand the unique needs of professionals in Silicon Valley.

Personalized Strategy

We develop customized strategies for each client, whether you're pursuing a standard EB2 visa or a National Interest Waiver, ensuring the approach aligns with your specific qualifications.

Comprehensive Documentation

We excel at preparing compelling evidence packages that highlight your qualifications, achievements, and the value you bring to the United States, maximizing your chances of approval.

Employer Support

For standard EB2 cases, we work closely with employers in San Jose to navigate the PERM labor certification process and ensure compliance with all Department of Labor requirements.

Efficient Timeline Management

We help you navigate the EB2 visa timeline in San Jose, developing strategies to minimize delays and ensuring your application progresses as efficiently as possible.

Convenient San Jose Location

Our San Jose office is conveniently located to serve clients throughout Silicon Valley, making it easy to meet with our attorneys and prepare for your EB2 visa application.

Success Stories from Our San Jose Clients

"KPB Immigration Law Firm made my EB2 visa process so much smoother than I expected. As a software engineer in San Jose, I needed attorneys who understood the tech industry and immigration requirements. Their team guided me through every step, from preparing my documentation to navigating the PERM process. I'm now a permanent resident thanks to their expertise!"

- Rajiv K., San Jose

"I pursued an EB2 National Interest Waiver as a researcher in biotechnology. The attorneys at KPB expertly crafted my application to highlight the national importance of my work. They were thorough, professional, and genuinely invested in my success. Their strategic approach and attention to detail made all the difference in getting my NIW approved."

- Elena M., San Jose Bay Area

Frequently Asked Questions About EB2 Visas in San Jose

Answers to the most common inquiries about EB2 visas in San Jose

What's the difference between EB2 and EB1 visas?

EB1 visas are for individuals with extraordinary ability, outstanding professors/researchers, or multinational executives/managers. EB2 visas are for professionals with advanced degrees or exceptional ability. EB1 has higher qualification standards but typically faster processing times and no labor certification requirement. Our San Jose immigration attorneys can assess which category best fits your qualifications.

How long does the EB2 visa process take in San Jose?

The EB2 visa process typically takes 1-2 years from start to finish, depending on your country of birth and whether you're pursuing a National Interest Waiver. Standard EB2 applications require PERM labor certification (6-12 months), I-140 petition processing (4-10 months), and adjustment of status or consular processing (6-12 months). NIW cases eliminate the PERM step but may have longer I-140 processing times.

Do I need a job offer for an EB2 National Interest Waiver?

No, one of the primary benefits of the EB2 National Interest Waiver (NIW) is that it eliminates both the job offer requirement and the labor certification process. You must still demonstrate that your work is in the national interest of the United States and that you meet the other NIW criteria. Our San Jose immigration attorneys specialize in building strong NIW cases for professionals in Silicon Valley.

Can my family members get green cards through my EB2 visa?

Yes, your spouse and unmarried children under 21 can obtain green cards as derivatives of your EB2 visa. They'll need to file Form I-485 (if in the U.S.) or go through consular processing (if abroad). Your spouse will also be eligible for work authorization while the adjustment of status is pending. Our attorneys can help ensure your family's applications are properly prepared and filed.

What happens if my employer withdraws their sponsorship during the EB2 process?

If your employer withdraws sponsorship before your I-140 is approved, the petition will likely be denied. If withdrawal occurs after I-140 approval but before adjustment of status completion, you may be able to port your priority date to a new employer under certain circumstances. For NIW cases, employer withdrawal is not an issue since no employer sponsorship is required. Our San Jose immigration attorneys can help you navigate these complex situations.

Start Your EB2 Visa Process in San Jose Today

Contact our San Jose immigration attorneys for expert guidance on your employment-based immigration application.

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