What is an EB-2 visa?
The EB-2 visa is a category of employment-based immigrant visa in the United States. It is intended for foreign nationals who possess advanced degrees, exceptional abilities, or significant achievements in their respective fields and wish to immigrate to the United States for employment purposes. The EB-2 visa is part of the Employment-Based Immigration: Second Preference (EB-2) category.
There are three subcategories within the EB-2 visa:
- EB-2(A) – Advanced Degree Professionals: This subcategory is for individuals who have earned an advanced degree (master’s or higher) in their field and possess a job offer from a U.S. employer in a position that requires an advanced degree.
- EB-2(B) – Exceptional Ability: This subcategory is for individuals who can demonstrate exceptional abilities in their field, such as sciences, arts, education, business, or athletics. They must provide evidence of a significant track record of accomplishments and a job offer in the U.S.
- EB-2(C) – National Interest Waiver (NIW): This subcategory allows individuals with exceptional abilities or advanced degrees to seek a national interest waiver, which means they can self-petition and do not necessarily need a specific job offer. To qualify for a national interest waiver, the individual must show that their work would be of significant benefit to the United States and that the national interest would be adversely affected if a labor certification were required.
It’s important to note that the EB-2 visa is subject to annual numerical limits, and there might be a backlog in visa availability depending on the demand. Additionally, the application process can be complex, involving both the employer and the employee. Consulting with an immigration attorney or seeking guidance from the U.S. Citizenship and Immigration Services (USCIS) is recommended for individuals considering applying for an EB-2 visa.
Who can apply for EB-2?
The EB-2 visa is available to several categories of individuals who meet specific criteria. The common thread among all EB-2 applicants is that they must be seeking employment-based immigration to the United States and fall within one of the following subcategories:
- EB-2(A) – Advanced Degree Professionals: Individuals who have completed an advanced degree (master’s degree or higher) in their field and have a job offer for a position that requires an advanced degree. The job offer must come from a U.S. employer.
- EB-2(B) – Exceptional Ability: Individuals with exceptional abilities in their field, which can include the sciences, arts, education, business, or athletics. They must have a significant track record of accomplishments and recognition in their field. A job offer from a U.S. employer is required unless they qualify for a national interest waiver (EB-2(C)).
- EB-2(C) – National Interest Waiver (NIW): This is a unique category where individuals can apply for a national interest waiver. This means they can self-petition and do not necessarily need a specific job offer. To qualify for a national interest waiver, the individual must demonstrate that their work would benefit the United States significantly and that requiring a labor certification would be contrary to the national interest.
Examples of individuals who might be eligible for an EB-2 visa include researchers with advanced degrees, artists with exceptional talents, business professionals with exceptional skills, and individuals working in fields that have a direct positive impact on the U.S. national interest.
It’s important to note that the eligibility criteria can be complex, and the application process involves gathering substantial evidence to demonstrate eligibility. Additionally, the availability of visas in the EB-2 category can vary based on country quotas and demand. As such, individuals considering applying for an EB-2 visa are advised to consult with an experienced immigration attorney or seek guidance from the U.S. Citizenship and Immigration Services (USCIS) to understand their specific eligibility and requirements.
How to apply for EB-2?
The application process for an EB-2 visa involves several steps and requires careful preparation. It’s highly recommended to consult with an experienced immigration attorney to ensure that you understand the process and meet all the requirements. Below is a general overview of the steps involved in applying for an EB-2 visa:
Labor Certification (if applicable):
If you are applying under the EB-2(A) category or do not qualify for a national interest waiver (EB-2(C)), your U.S. employer must first obtain a 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 negatively impact the wages and working conditions of U.S. workers in similar positions.
File Form I-140, Immigrant Petition for Alien Worker:
Once the labor certification is approved (if required), your U.S. employer files Form I-140 on your behalf with the U.S. Citizenship and Immigration Services (USCIS). This form establishes your eligibility for the EB-2 category and provides evidence of your qualifications, the job offer, and other necessary documentation.
Documentary Evidence:
You will need to provide extensive documentary evidence to support your eligibility. This may include educational credentials, letters of recommendation, evidence of exceptional abilities or achievements, job offer details, and other relevant documents.
National Interest Waiver (if applicable):
If you are applying for a national interest waiver (EB-2(C)), you must provide strong evidence that your work is in the national interest of the United States and that requiring a labor certification would be against the national interest.
Priority Date and Visa Bulletin:
Your application will be assigned a priority date, which is the date your employer files the Form I-140. Visa numbers for the EB-2 category are subject to quotas and may not be immediately available, depending on demand and the country of origin. You will need to monitor the Visa Bulletin published by the U.S. Department of State to know when a visa number becomes available for your priority date.
Adjustment of Status (Form I-485) or Consular Processing:
Once a visa number becomes available, you can proceed with the final step. If you are in the U.S., you can apply for adjustment of status (Form I-485) to become a lawful permanent resident. If you are outside the U.S., you will need to go through consular processing at a U.S. embassy or consulate.
Biometrics and Interview:
If required, you may need to attend a biometrics appointment to provide fingerprints and photographs. In some cases, an interview may be required as part of the adjustment of status or consular processing.
Keep in mind that this is a simplified overview of the process, and each individual’s situation may have unique aspects. The process can be complex, and the requirements may change over time. Therefore, it’s strongly recommended to work with an immigration attorney who specializes in employment-based immigration to navigate the EB-2 application process effectively.
