EB-2 Visa
The EB-2 visa is an employment-based, second-preference immigrant visa for individuals with advanced degrees or exceptional abilities in their field of work. It is a pathway to permanent residency (green card) in the United States.
Eligibility Criteria
There are three main categories for the EB-2 visa:
1. Advanced Degree
- Requires a U.S. advanced degree (master’s, Ph.D., or equivalent) or a foreign equivalent degree.
- Alternatively, a U.S. bachelor’s degree (or foreign equivalent) plus at least five years of progressive work experience in the field.
Evidence required:
- Degree certificates.
- Employer letters proving work experience.
2. Exceptional Ability
- For individuals with exceptional ability in the sciences, arts, or business. Exceptional ability means a level of expertise significantly above that ordinarily encountered in the field.
Evidence required (at least three of the following):
- Official academic records in your area of expertise.
- Letters documenting at least 10 years of full-time work experience.
- A license or certification to practice your profession.
- Evidence of a high salary or other remuneration demonstrating exceptional ability.
- Membership in professional associations.
- Recognition for achievements and contributions in your field.
3. National Interest Waiver (NIW)
- This is a special category for individuals whose work benefits the United States significantly.
- Applicants can self-petition (no employer sponsor required).
- Must demonstrate that the proposed endeavor has substantial merit and national importance, and that you are well-positioned to advance it.
Application Process
The EB-2 visa application process includes the following steps:
Step 1: Labor Certification (PERM)
- Most EB-2 applicants require a labor certification through the Program Electronic Review Management (PERM) system.
- The U.S. employer must:
- Advertise the job to determine if qualified U.S. workers are available.
- Demonstrate that hiring the foreign worker will not adversely affect U.S. workers.
- The employer files Form ETA-9089 with the Department of Labor (DOL).
Exception: NIW applicants do not require PERM certification.
Step 2: File Form I-140 (Immigrant Petition for Alien Worker)
- The employer (or the individual for NIW) files Form I-140 with the U.S. Citizenship and Immigration Services (USCIS).
- Include supporting evidence of qualifications (e.g., degrees, experience letters, evidence of exceptional ability).
- Pay the filing fee ($700 as of 2024).
- USCIS processes the petition and issues an approval or denial.
Step 3: Adjustment of Status or Consular Processing
Once the I-140 is approved, the next steps depend on whether the applicant is in the U.S. or abroad:
- If in the U.S.: File Form I-485 (Adjustment of Status) if the visa number is current (check the Visa Bulletin).
- If outside the U.S.: Complete consular processing by filing Form DS-260 and attending an interview at the U.S. embassy or consulate.
Family Members
Spouses and unmarried children under 21 can apply for derivative visas (E-21 for the spouse and E-22 for children). The spouse is eligible to apply for work authorization (EAD).
Benefits of EB-2 Visa
- Green card for permanent residency.
- Ability to bring immediate family members.
- Opportunity to work in the U.S. permanently.