EB-2 Visa Atlanta
Over 30 Years of Immigration Experience. Appellate Depth That Protects Your Case.
The EB-2 is an employment-based second-preference immigrant visa category that leads to lawful permanent residence in the United States. It covers three qualifying tracks: professionals with advanced degrees, individuals with exceptional ability in the sciences, arts, or business, and those eligible for a National Interest Waiver (NIW) that allows them to self-petition without employer sponsorship. Atlanta’s technology, healthcare, research, and life sciences sectors produce a significant share of EB-2 candidates, and The Fogle Law Firm, LLC has represented clients across all three tracks since 1991.
Founding member H. Glenn Fogle, Jr. has taken immigration cases to U.S. Courts of Appeals and helped establish federal case law that benefits immigrants nationally. That appellate depth means our clients get more than petition preparation. They get attorneys who understand how USCIS applies its standards and what to do when a case is challenged.
Contact our Atlanta immigration team at (888) 970-8505 to discuss your EB-2 or NIW case. We serve clients in Atlanta and throughout the U.S. and internationally.
Who Qualifies for EB-2 Classification
USCIS recognizes two baseline eligibility routes before considering the NIW. Understanding which track applies to you shapes everything from the evidence you gather to the timeline you can expect.
Advanced Degree
You must hold a U.S. master’s degree or higher, a foreign equivalent, or a U.S. bachelor’s degree (or foreign equivalent) plus at least five years of progressive post-degree work experience in your specialty. That experience must come after the degree is earned and must relate to the field of the degree or your proposed position.
Exceptional Ability in the Sciences, Arts, or Business
You must demonstrate a level of expertise significantly above what is ordinarily encountered in your field. USCIS looks for at least three of six regulatory criteria: official academic records, 10 or more years of full-time experience, a relevant professional license or certification, a salary that is high relative to peers, membership in professional associations, or recognition by peers, government entities, or professional organizations for contributions to the field. Meeting three criteria is necessary but not sufficient. USCIS evaluates the totality of the evidence to determine whether genuine exceptional ability is shown.
Both tracks ordinarily require employer sponsorship and a PERM labor certification from the U.S. Department of Labor. Spouses and unmarried children under 21 of an approved EB-2 petitioner may apply for derivative immigrant status.
The National Interest Waiver: Self-Petition Without an Employer Sponsor
The NIW waives both the permanent job offer requirement and the PERM labor certification, allowing eligible applicants to file Form I-140 directly with USCIS. To qualify, an applicant must first clear the EB-2 threshold (advanced degree or exceptional ability) and then satisfy the Dhanasar three-prong test, the current USCIS standard for NIW adjudication:
- Substantial merit and national importance: The proposed endeavor benefits U.S. interests in areas such as research, healthcare, technology, public health, engineering, or economic development
- Well-positioned to advance the endeavor: The applicant’s education, record, and demonstrated progress show they can realistically move the work forward
- U.S. interest in waiving the job offer and labor certification: The benefit to the country outweighs the protections the normal process provides to U.S. workers
Because there’s no employer sponsor, the applicant must build the evidentiary record directly: publications, patents, citations, expert letters, funded projects, or documented adoption of their work. We’ve successfully assisted a large number of individuals with NIWs over the years, and we know what that record needs to show across different fields. One practical note: applicants subject to the J-1 two-year home residency requirement must obtain a J-1 waiver before completing adjustment of status or consular processing.
Request a Case Evaluation
Whether you’re an Atlanta employer sponsoring a key employee or a professional who wants to self-petition through the NIW, we can assess your eligibility and build a strategy specific to your situation. Our multilingual team works with clients in English, Spanish, French, Korean, and Portuguese. Our attorneys are licensed across multiple U.S. states and in France and the United Kingdom, which matters when your case involves an international employer or a candidate completing consular processing abroad.
Call The Fogle Law Firm, LLC at (888) 970-8505 to request a case evaluation with our EB-2 immigration attorneys in Atlanta.
The EB-2 Green Card Process: PERM to Permanent Residence
For standard employer-sponsored EB-2 cases, the process begins with PERM labor certification. The employer must demonstrate to the U.S. Department of Labor that no minimally qualified U.S. worker is available for the position. This requires directed recruitment, including placing advertisements in two Sunday editions of a newspaper of general circulation in the area of intended employment. For professional positions, one of those two Sunday newspaper ads may be placed in a relevant professional journal instead. If a minimally qualified U.S. worker applies during the recruitment window, the labor certification won’t be approved.
Once the labor certification is approved, the employer files Form I-140, the Immigrant Petition for Alien Worker, with USCIS. NIW applicants file the I-140 directly without a labor certification. Premium processing is available for an additional fee and results in a USCIS decision within 45 business days. It doesn’t change the priority date or accelerate visa availability.
Priority Date and Visa Bulletin
A priority date is established when the PERM application is filed (or when the I-140 is filed for NIW cases). This date marks the applicant’s place in the immigrant visa queue. Each month, the U.S. Department of State publishes the Visa Bulletin showing whether a priority date is current. When the priority date becomes current, applicants in the U.S. file Form I-485 for adjustment of status. Applicants outside the U.S. complete consular processing at a U.S. embassy or consulate abroad. If both the I-140 is approved and the priority date is current simultaneously, the I-140 and I-485 may be filed together.
Why Atlanta Professionals & Employers Choose The Fogle Law Firm, LLC
H. Glenn Fogle, Jr. founded the firm in 1991 and has won more than 15 high-profile cases in U.S. Circuit Courts of Appeals, contributing to federal case law that has broadened protections for immigrants across the country. He holds a 10.0 Avvo rating, and the firm has been recognized as a Super Lawyers firm and in Best Law Firms rankings. This isn’t a petition-processing service. It’s a firm with genuine appellate experience that can matter when USCIS challenges a filing.
Our team includes attorneys licensed in multiple U.S. states and in France and the United Kingdom, with fluency in English, French, Spanish, Korean, and Portuguese. That combination of language access and international licensing means we can serve Atlanta’s international professional community, not just its domestic workforce.
Our boutique structure means clients receive individualized attention. We don’t process cases in volume. We build strategies around the specific evidence, employer relationship, and professional record each client brings.
Atlanta’s EB-2 Landscape: Industries & Employers We Serve
Atlanta’s technology, healthcare, financial technology, and research sectors employ a large population of international professionals who may qualify for EB-2 classification. Multinational companies with Atlanta operations frequently sponsor foreign national employees through the employer-sponsored PERM process, while researchers and faculty at Atlanta-area universities and research institutions are among the most common NIW applicants, given the academic and scientific nature of their work.
We represent employers across software, information technology, healthcare, design, construction, manufacturing, utilities, the arts, and sports, both in the Atlanta area and nationally. Our team has experience with the Atlanta Immigration Court and local USCIS field offices, and our engagement with the Atlanta-Southeast Chapter of the French-American Chamber of Commerce, the Mexican Consulate in Atlanta, the French District Network, and the Colombian Consulate of Atlanta reflects an active presence in the city’s international professional community.
Why Clients Trust The Fogle Law Firm
We combine decades of experience with personalized service, creative legal solutions, and a deep commitment to justice to achieve the best possible outcomes.
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Proven Track Record in Litigation
We have taken immigration cases to the U.S. Courts of Appeal and even helped create new case law, setting legal precedents that benefit immigrants nationwide.
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Integrity, Honesty & Passion
We are committed to ethical representation, innovative legal thinking, and fighting passionately for our clients’ immigration rights.
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Decades of Immigration Experience
With over 30 years of experience, The Fogle Law Firm has successfully guided clients through every stage of the immigration process, from strategic planning to completion.
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Full-Service Immigration Solutions
Whether you’re an individual, a family, an investor, or a business, we handle everything from simple petitions to complex litigation before the highest courts.
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Boutique Firm with a Human Touch
Unlike large firms, we provide personalized service and creative legal strategies tailored to each client’s unique immigration goals.
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Diverse & Multilingual Team
Our attorneys and staff come from around the world and are fluent in English, French, Spanish, Korean, Portuguese, and more, ensuring clear communication with our diverse clientele.
