What is an EB-2 Visa?

Posted: August 30, 2021

The EB-2 visa, also known as Employment-Based Immigrant Visa 2, is the second preference visa category that grants permanent residence to foreign nationals who possess an advanced degree or have demonstrated exceptional ability.

Who is eligible for an EB-2 Visa?

  • Holders of an advanced degree: At least a master’s degree or its foreign equivalent.
  • Have an exceptional ability in sciences, arts, or business: Above-average skill in a field that will benefit the economy of the United States.
If you can demonstrate that you have a U.S. bachelor’s degree (or an equivalent foreign degree) and at least five years of progressive work experience in your field, you are also eligible.

Subcategories of EB-2 Visa

  • EB-2A - For advanced-degree professionals who have a job offer with a US-based firm.
  • EB-2B - For individuals with exceptional skills in sciences, arts, or business who have a job offer with a US-based firm.
  • EB-2C - For advanced-degree professionals or individuals with exceptional skills. This visa is exempted from the job offer and labor certification requirements.

How can I apply for an EB-2 Visa?

Advanced-degree or extraordinary ability applications must be accompanied by an individual labor certification from the Department of Labor on Form ETA-750.

Depending on the subcategory, other required documents might be…

  • A permanent job offer.
  • Evidence showing full-time employment.
  • Academic transcripts showing advanced degrees from the US or a foreign equivalent.
  • Letters from employer(s) showing progressive work experience in the field of study.
  • Evidence showing full-time employment.

Applying for an EB-2A Visa

To apply for an advanced degree EB-2 visa, you must hold at least a master’s degree or its equivalent, or a bachelor’s degree and at least 5 years of work experience. Not all degrees are eligible. You can confirm your qualifications by checking on the USCIS website.

Applicants must have a job offer requiring an advanced degree and obtain a labor certification. The employer must file a Petition for Alien Worker, Form I-140.

Applying for an EB-2B Visa

To apply for this subcategory, you should be able to demonstrate your exceptional ability. You must hold a degree of expertise in sciences, arts, or business above the American average and a Labor Certification. Your employer must file Form I-140, Petition for Alien Worker.

After that, you must pass a background check to prove that you do not have prior immigration or criminal violations that would make you ineligible for a green card. During this process, you must also provide detailed information about how you got involved in your field of expertise: education, training, work experience, and other qualifications.

Upon approval, you must file Form I-485 for adjustment of status or take the consular processing interview at a US consulate in your country.

Applying for an EB-2C Visa

Qualified EB-2 applicants can file a petition for a National Interest Waiver (also known as EB-2 NIW) to exempt their application from the permanent job offer and labor certification requirements of other subcategories.

In order to qualify, you must prove that you plan to work in an area of substantial merit and that the impact of your work is of national scope or would benefit the national interests of the United States.

First, you must file Form I-140 and self-petition for permanent residency and complete a background check. Upon approval, you must file Form I-485 for adjustment of status or take the consular processing interview at a US consulate in your country.

What is the EB-2 Visa processing time?

The average EB-2 Visa processing time is 18 months.

Benefits of the EB-2 Visa

This visa will allow you to obtain legal and permanent residency in the United States. In addition, you are eligible to apply for U.S. citizenship in the future. By becoming a permanent resident, you will have access to benefits such as ease of travel and immigration stability.

If you believe that you meet these requirements and would like more information, please contact our Orlando NIW attorneys today at (407) 502-3000 for a confidential consultation. You may also fill out our online form located on this page and we will get back to you shortly. We have a 24-hour emergency service. Your privacy is very important to us and we will keep your information confidential.

 

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