Unlocking Opportunities: Your Path to an EB-2 Visa

An EB-2 visa is a type of employment-based immigrant visa category in the United States. It is designed for individuals who possess advanced degrees or exceptional abilities in their respective fields and wish to become permanent residents (green card holders) in the U.S. There are three subcategories within the EB-2 visa classification:

• EB-2(A) – Advanced Degree Professionals: This category is for individuals who have an advanced degree (typically a master’s degree or higher) and a job offer in a profession that requires such a degree. The job must be in the national interest of the United States, which can be demonstrated through a National Interest Waiver (NIW) or by obtaining a labor certification from the Department of Labor.

• EB-2(B) – Exceptional Ability: This category is for individuals with exceptional ability in their field, such as the sciences, arts, business, or education. Exceptional ability is determined by a record of significant achievements and recognition in the field. Like the EB-2(A) category, a job offer and labor certification may be required, or a National Interest Waiver can be pursued.

• EB-2(C) – National Interest Waiver (NIW): The National Interest Waiver is a specific provision that allows individuals in the EB-2 category to bypass the requirement for a job offer and labor certification if their work is determined to be in the national interest of the United States. Applicants must demonstrate that their work benefits the U.S. economy, culture, education, or other areas.

EB-2 visas are typically sought by individuals who are highly skilled or accomplished in their fields, such as scientists, researchers, professors, engineers, artists, and business professionals. To apply for an EB-2 visa, applicants often need to go through a multi-step process that involves filing a petition with U.S. Citizenship and Immigration Services (USCIS) and meeting specific eligibility criteria.

How to apply for an EB-2 visa?

Applying for an EB-2 visa in the United States involves several steps, and it typically requires the involvement of both the employer and the prospective immigrant. Here’s a general overview of the process:

• Determine Eligibility: Before applying for an EB-2 visa, it’s crucial to determine if you meet the eligibility criteria. The EB-2 category typically requires one of the following:

  • An advanced degree (master’s degree or higher) or a bachelor’s degree plus five years of progressive work experience in a field that requires such a degree.

  • Exceptional ability in your field, as demonstrated by significant achievements, recognition, or a substantial body of work.

  • Qualification for a National Interest Waiver (NIW) if your work is in the national interest.

• Obtain a Job Offer: In most cases, you’ll need a job offer from a U.S. employer to pursue an EB-2 visa. Your employer will play a crucial role in the application process, including filing the necessary paperwork.

• Labor Certification (PERM) or National Interest Waiver (NIW): Depending on your specific situation, you may need to go through one of the following processes:

  • Labor Certification (PERM): If your job requires labor certification, your employer will need to obtain a PERM labor certification from the U.S. Department of Labor (DOL). This process involves demonstrating that there are no qualified U.S. workers available for the position, and that hiring you will not adversely affect U.S. workers’ wages and working conditions.

  • National Interest Waiver (NIW): If you qualify for an NIW, you can bypass the labor certification process. You will need to demonstrate that your work benefits the national interest of the United States.

• File Form I-140: Your employer, or you if applying for a National Interest Waiver, will need to file Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). This form establishes your eligibility for the EB-2 visa.

• Wait for USCIS Decision: USCIS will review your I-140 petition and make a decision on whether to approve it. Processing times can vary, so check the USCIS website for current processing times.

• Wait for a Visa Number: EB-2 visas are subject to annual numerical limits. Depending on your country of chargeability and preference category (EB-2), you may need to wait for a visa number to become available. Check the Visa Bulletin published by the U.S. Department of State for updates on visa availability.

• File Form I-485 (Adjustment of Status) or Apply for Consular Processing: Once a visa number becomes available, you can either file Form I-485 to adjust your status to that of a lawful permanent resident if you are in the U.S., or you can apply for an immigrant visa at a U.S. embassy or consulate abroad through consular processing.

• Attend a Medical Examination and Visa Interview (if applying abroad): If you are applying for an immigrant visa at a U.S. embassy or consulate, you will need to undergo a medical examination and attend a visa interview.

• Receive a Green Card: After your immigrant visa is approved, you will receive a green card, granting you lawful permanent resident status in the United States.

EB-2 visa benefits

The EB-2 visa category offers several benefits to individuals seeking to live and work in the United States as lawful permanent residents (green card holders) based on their advanced degrees or exceptional abilities. Here are some of the key benefits of the EB-2 visa:

• Employment Authorization: EB-2 visa holders are authorized to work for the sponsoring employer in the United States, and they have the flexibility to change jobs or employers, provided that they continue to work in the same or a similar occupation.

• Path to Permanent Residency: The EB-2 visa is an immigrant visa category, which means that it provides a path to lawful permanent residency (green card status) in the United States. This allows you to live and work in the U.S. indefinitely.

• Eligibility for Certain Jobs: Many positions in the U.S. that require advanced degrees or exceptional abilities may be available only to individuals with green card status. Having an EB-2 visa can make you more competitive in the job market.

• Inclusion of Dependents: EB-2 visa holders can typically include their spouses and unmarried children under the age of 21 as dependents on their visa applications. Dependents can also receive green cards and have the right to live and work in the U.S.

• No Labor Certification Requirement (NIW): If you qualify for a National Interest Waiver (NIW) within the EB-2 category, you can bypass the labor certification process, making the application process faster and more straightforward.

• Priority Date: When you file your Form I-140 (Immigrant Petition for Alien Worker) for the EB-2 visa, you are assigned a priority date. This date establishes your place in line for visa number allocation. Once your priority date becomes current, you can proceed with the final steps of obtaining your green card.

• Ability to Pursue Additional Opportunities: EB-2 visa holders are not limited to working only for the sponsoring employer. They have the freedom to explore other job opportunities or entrepreneurial ventures in the United States.

• Access to U.S. Education: As a lawful permanent resident, you and your dependents have access to U.S. educational institutions, including public schools and universities, often at in-state tuition rates.

• Social Benefits: EB-2 visa holders have access to various social benefits and protections offered to permanent residents, such as healthcare, retirement benefits, and legal rights.