EB2 Visa | Employment-Based Immigration
EB-2 Visa for Advanced Degree or Exceptional Ability
The EB2 visa is one of the five employment-based (EB) visa categories in the United States designed for foreign nationals who possess advanced degrees, exceptional abilities, or qualify under the national interest waiver (NIW). It allows individuals to permanently work and reside in the U.S. under certain qualifications, providing a pathway to a green card for highly skilled professionals.
What is EB2 Visa
The EB2 visa is an employment-based second preference visa for foreign workers with advanced degrees or exceptional abilities. This visa is ideal for professionals such as engineers, doctors, and researchers, or those whose skills are in national interest. The three primary categories under the EB2 visa are:
- EB2(A): Advanced Degree Professionals – Applicants must hold an advanced degree (master’s or higher) or a bachelor’s degree with at least five years of progressive work experience.
- EB2(B): Exceptional Ability Workers – This category is for individuals who can demonstrate exceptional ability in the sciences, arts, or business.
EB2(C): National Interest Waiver (NIW) – Workers who qualify for this waiver do not need an employer sponsor but must demonstrate that their work significantly benefits U.S. national interests.
Why Choose the EB2 Visa Over Other Visa Categories?
The EB2 visa is often preferred by highly qualified professionals because it leads directly to a green card, which offers permanent residency in the United States. Compared to other employment-based visas such as the H1B, which only provides temporary work authorization, the EB2 visa grants more stability and long-term benefits for professionals and their families.
EB2 Visa Requirements
Meeting the eligibility criteria for the EB2 visa requires specific qualifications depending on the subcategory under which you are applying. The key eligibility requirements for each subcategory are:
1. Advanced Degree Professionals (EB2-A)
To qualify under the advanced degree professionals category, you must meet the following:
- Hold an advanced degree (master’s, doctorate, or equivalent) from a U.S. institution or a foreign equivalent. Alternatively, a bachelor’s degree with at least five years of progressive experience in your professional field may also be acceptable.
- The offered job must require an advanced degree.
- You must have an employer who is willing to sponsor you for the EB2 visa.
2. Exceptional Ability Workers (EB2-B)
To qualify under the exceptional ability category, you need to provide evidence of your outstanding skills. You must meet at least three of the following criteria:
- Official academic records showing a degree or similar qualification in your area of exceptional ability.
- Letters documenting at least ten years of full-time experience in your field.
- A license to practice your profession if one is required.
- Evidence that you have commanded a high salary or received significant remuneration for your services.
- Membership in professional associations related to your field.
- Recognition for your achievements and significant contributions from peers or industry organizations.
3. National Interest Waiver (EB2-C)
For the National Interest Waiver, applicants must demonstrate that their work is of substantial intrinsic merit to the U.S., is in the national interest, and that waiving the usual labor certification requirement would benefit the country. Key factors include:
- Your work has national significance (economic, cultural, or scientific).
- The benefit to the U.S. outweighs the requirement for a job offer and labor certification.
- You are well-positioned to advance the proposed endeavor.
EB2 Visa Process
The EB2 visa process involves several important steps. Unlike some other visa categories, the EB2 visa requires labor certification unless you qualify for the National Interest Waiver. Here’s an overview of the process:
1. Labor Certification (PERM)
For most EB2 applicants, the first step is obtaining labor certification from the Department of Labor (DOL) through the PERM process. The employer must demonstrate that there are no qualified U.S. workers available to fill the position.
2. I-140 Petition
After labor certification is obtained, your employer (or you, in the case of a NIW) must file the Form I-140 (Immigrant Petition for Alien Worker) with U.S. Citizenship and Immigration Services (USCIS). This petition establishes your eligibility for the EB2 visa and your employer’s ability to pay the offered wage.
3. Priority Date
When the I-140 is filed, you are assigned a priority date. This is essentially your place in line for an immigrant visa. You must wait until your priority date becomes current according to the Visa Bulletin issued by the U.S. Department of State.
4. Adjustment of Status or Consular Processing
Once your priority date is current, you can apply for Adjustment of Status (Form I-485) if you are already in the U.S. If you are outside the U.S., you will need to go through consular processing at a U.S. embassy or consulate in your country of residence. Both paths lead to a green card.
EB2 Visa Processing Time
The processing time for an EB2 visa can vary significantly based on factors such as labor certification, country of origin, and USCIS backlogs. Here’s a general breakdown of each phase:
- Labor Certification: 6-9 months.
- I-140 Petition Processing: 4-12 months, depending on processing centers and whether premium processing is used.
- Priority Date Wait Time: Varies based on demand and country caps. Citizens of countries like India and China may face longer wait times due to high demand.
- Adjustment of Status/Consular Processing: 8-14 months.
The overall timeline can take anywhere from 18 months to several years, especially for applicants from countries with significant visa backlogs.
How an Immigration Lawyer Can Help You with the EB2 Visa Process
Given the complexity of the EB2 visa application process, working with an experienced immigration lawyer can greatly increase your chances of success. Here’s how an immigration lawyer can assist you:
-
Eligibility Assessment: An attorney will evaluate your qualifications and advise whether you meet the requirements for the EB2 visa, and if so, which subcategory is most appropriate for you.
-
Labor Certification Assistance: The labor certification process is complicated and requires detailed job postings, recruitment, and documentation. A lawyer can guide your employer through this process to ensure compliance with the Department of Labor’s regulations.
-
National Interest Waiver Strategy: If you’re applying for an NIW, an attorney will help build a compelling case, including presenting your work’s merit, significance, and national impact to USCIS.
-
Documentation and Filing: An immigration lawyer will assist in gathering and submitting all necessary documentation, ensuring that nothing is overlooked and minimizing the chances of Request for Evidence (RFE) or application denial.
-
Expediting the Process: In some cases, premium processing may be available for the I-140 petition, which can significantly reduce wait times. A lawyer can help you determine whether this option is feasible for your case.
-
Handling Delays and Issues: Should any delays, RFEs, or visa retrogression issues arise, an attorney can help you navigate these challenges and ensure that your case remains on track.
ASK AN IMMIGRATION ATTORNEY
Do not leave crucial decisions to chance. Allow an experienced Immigration Lawyer to skillfully guide you through the immigration process. If you have questions, we want to hear from you and answer your questions. Please submit your question below, and one of our legal professionals will respond to you soon.