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.