EB-2 Visa Attorney in Greenville, SC

20+ Years of Legal Experience. Immigration-Only Focus. Direct Attorney Access.

The EB-2 visa is a second-preference employment-based immigrant visa category for professionals holding an advanced degree or demonstrating exceptional ability in their field. For Greenville, South Carolina area applicants, navigating this category means managing a documentation-intensive process where how a petition is built often matters as much as whether someone qualifies. At Colón Law Firm, Ken Colón’s background reviewing regulatory documents and compliance records as legal counsel for a global pharmaceutical company translates directly into the methodical evidence assembly these petitions demand.

Our firm exclusively handles immigration cases, and clients work directly with their attorney throughout. No junior staff handoffs, no gaps in communication.

If you’re considering an EB-2 visa from the Greenville area, call us at (864) 697-2870 to discuss your eligibility and options.

Two Paths to EB-2 Eligibility

USCIS recognizes two qualifying categories under the EB-2 classification, and which one applies to you shapes everything that follows.

Advanced Degree Professional
This category covers professionals who hold a U.S. master’s degree or higher, a foreign equivalent, or a U.S. bachelor’s degree combined with at least five years of progressive, post-baccalaureate experience in the same field. That experience must be in the same specialty as the degree and must show increasing responsibility over time.

Exceptional Ability
Exceptional ability applicants must demonstrate a level of achievement significantly above what is ordinarily encountered in their occupation. USCIS defines this through six evidentiary criteria, and an applicant must satisfy at least three. In both categories, the applicant must be working in, or seeking employment in, the same field as their qualifying degree or ability claim.

The National Interest Waiver: Self-Petitioning Without an Employer Sponsor

The National Interest Waiver (NIW) is one of the most strategically significant options within the EB-2 category. It allows a qualifying EB-2 applicant to file Form I-140 as a self-petition, bypassing both the employer sponsorship requirement and the PERM labor certification process that would otherwise require the Department of Labor to certify that no qualified U.S. worker is available for the role.

NIW petitions are evaluated under the three-prong standard established in Matter of Dhanasar (2016), a precedent decision from the USCIS Administrative Appeals Office. To qualify, the petitioner must show that the proposed endeavor has substantial merit and national importance, that they are well-positioned to advance it, and that it may benefit the United States enough to justify waiving the usual job offer and labor certification requirements. Because the applicant self-petitions, they generally aren’t tied to a single employer, and job changes, employer changes, or location changes may be possible while the case remains pending, as long as the work stays consistent with the described endeavor.

The Standard Employer-Sponsored EB-2 Route

When an NIW isn’t pursued, the standard EB-2 path requires employer sponsorship. The employer must first obtain an approved PERM labor certification from the Department of Labor, documenting that a good-faith recruitment effort found no qualified, available U.S. worker for the position. Once that certification is approved, the employer files Form I-140 on the applicant’s behalf. A specific job offer is required throughout, which distinguishes this path from the self-petitioned NIW route.

Priority Dates, Adjustment of Status, & What to Expect

Whether employer-sponsored or self-petitioned, the EB-2 process follows a two-step sequence. An approved Form I-140 establishes a priority date. Once that priority date becomes current according to the U.S. Department of State’s Visa Bulletin, the applicant may either file for Adjustment of Status (Form I-485) if already in the United States, or proceed through consular processing abroad.

Visa Availability & Wait Times

Visa availability varies by country of birth. Applicants born in India and China have historically faced the longest waits for a current priority date, while applicants born elsewhere may find dates move more quickly.

Premium Processing, Derivatives, & Local Appointments

Premium processing is available for the I-140 stage for an additional government filing fee, offering expedited review and a decision, denial, or Request for Evidence within a set number of business days. It doesn’t move up a priority date or change Visa Bulletin availability. Spouses and unmarried children under 21 may qualify as derivative beneficiaries on an approved EB-2 petition, allowing them to pursue green cards through the same process. For Upstate South Carolina applicants, USCIS operates a federal field office in Greer, where green card interviews and related in-person appointments are typically scheduled.

Why Greenville Area Clients Work with Colón Law Firm

Ken Colón brings more than 20 years of legal experience to every case, including his tenure as legal counsel for a global pharmaceutical company, where regulatory document review and compliance analysis were central responsibilities. He is also Board Certified in Nuclear Medicine, a credential that reflects a rigorous, evidence-based approach that carries over directly into how EB-2 petitions are constructed and presented. EB-2 and NIW cases depend heavily on the quality of the evidentiary record, and that’s exactly where our firm focuses its attention.

We serve clients in English, Spanish, and Portuguese, and our immigration-only practice means every resource we have is directed at this area of law. Clients receive direct attorney attention from intake through resolution, with clear communication at every stage. We work with integrity, professionalism, and genuine respect for every client’s situation.

Start Your EB-2 Conversation with Colón Law Firm

Determining whether you qualify under the advanced degree, exceptional ability, or National Interest Waiver path is the first step. We offer virtual consultations for your convenience and are committed to providing affordable, high-quality immigration representation to clients in Greenville, SC and the surrounding Upstate area.

Ready to discuss your case? Call Colón Law Firm at (864) 697-2870 to schedule your consultation.