Employment Based (EB)-2 Visas for Your Talents
Pathway to U.S. Permanent Residency for Extraordinary Talent
The EB-2 Visa is an employment-based green card category for individuals with advanced degrees or exceptional ability. This visa is ideal for professionals whose skills and expertise are in high demand in the United States. The process involves several steps, and depending on whether the National Interest Waiver (NIW) is sought, some requirements like employer sponsorship can be waived.
Approximately 28.6 percent of employment- based visas are reserved for EB-2 visa applicants. Applicants from China and India are backlogged in the EB-2 category because of oversubscription.
Here’s an overview of the key details, eligibility criteria, and application process for the EB-2 NIW:
Who Qualifies for EB-2?
Eligibility for EB-2:
To qualify for an EB-2 visa, applicants must fall under one of the following categories:
A. Advanced Degree Professional
- Must possess a master’s degree or higher.
- Alternatively, a bachelor’s degree plus at least 5 years of progressive work experience in the field qualifies as equivalent to a master’s degree.
B. Exceptional Ability
- Demonstrate a level of expertise in your field that is significantly above the ordinary, typically proven by meeting at least three of the following:
- Academic records showing training in the field.
- Evidence of professional certifications or licenses.
- Letters from employers or peers documenting achievements.
- Membership in professional organizations that require outstanding accomplishments.
- Recognition for achievements or significant contributions to the field.
The Benefits of the EB-2 Visa
Benefits of EB-2 Visa
The EB-2 visa is a popular employment-based visa category in the United States that offers a pathway to permanent residency (Green Card) for professionals with advanced degrees or exceptional abilities in specific fields. Here are the key benefits of the EB-2 visa:
1. Pathway to Permanent Residency
- The EB-2 visa is a direct route to obtaining a Green Card, allowing you to live and work permanently in the United States.
- Once you secure permanent residency, you can enjoy benefits such as unrestricted employment opportunities and access to certain social services.
2. Eligibility for Professionals with Advanced Degrees
- The EB-2 visa is specifically designed for individuals with a master’s degree or higher, or a bachelor’s degree plus five years of progressive work experience.
- This makes it an excellent option for highly skilled professionals in fields such as engineering, medicine, technology, and education.
3. National Interest Waiver (NIW) Option
- The National Interest Waiver (NIW) allows EB-2 applicants to bypass the labor certification process if they can prove their work benefits the U.S. on a national level.
- NIW applicants can self-petition, eliminating the need for employer sponsorship, which provides more flexibility.
4. No Need for a Temporary Visa
- Unlike other pathways to permanent residency, the EB-2 visa does not require applicants to first obtain a temporary work visa, such as the H-1B.
5. Employment Flexibility
- Once you obtain a Green Card through the EB-2 visa, you are not restricted to the sponsoring employer. You can change jobs without impacting your residency status.
6. Family Benefits
- Your spouse and unmarried children under 21 can also apply for derivative Green Cards as part of your EB-2 application.
- Spouses can work in the U.S. under an Employment Authorization Document (EAD), and children can attend U.S. schools.
7. Faster Processing (in Some Cases)
- For applicants from countries without high visa demand (e.g., countries outside of India or China), the EB-2 visa may have shorter processing times compared to other visa categories.
8. Recognition of Exceptional Ability
- Individuals with exceptional ability in sciences, arts, or business may qualify for the EB-2 visa, even if they do not have an advanced degree.
- This pathway values substantial contributions and achievements in specialized fields.
9. Broad Scope of Eligible Occupations
- The EB-2 visa covers a wide range of professions and industries, making it accessible to qualified candidates in diverse fields.
10. Access to U.S. Opportunities
- EB-2 visa holders gain access to the U.S. job market, which offers some of the highest salaries and career advancement opportunities in the world.
- They can also build professional networks and experience the cultural and economic benefits of living in the United States.
The EB-2 visa is a powerful tool for individuals with advanced qualifications or exceptional abilities to achieve their American dream, offering significant professional and personal advantages.
How to Apply for the EB-2 Visa
STEP 1: Obtain a Job Offer (If Not Using NIW)
STEP 3: File Form I-140 (Immigrant Petition for Alien Worker)
STEP 1: Obtain a Job Offer (If Not Using NIW)
Most EB-2 applicants require a permanent job offer from a U.S. employer, which must be for a position that requires an advanced degree or exceptional ability. The employer also needs to sponsor the applicant.
STEP 2: Labor Certification (PERM Process)
STEP 3: File Form I-140 (Immigrant Petition for Alien Worker)
STEP 1: Obtain a Job Offer (If Not Using NIW)
If the job requires employer sponsorship, the employer must complete the PERM process to test the U.S. labor market and demonstrate that:
- No qualified U.S. workers are available for the job.
- Hiring the foreign worker will not negatively impact wages or conditions for U.S. workers.
The PERM process involves:
- Advertising the job in various media outlets.
- Filing a Labor Certification Application (LCA) with the Department of Labor (DOL).
- Waiting for certification from the DOL, which can take several months.
STEP 3: File Form I-140 (Immigrant Petition for Alien Worker)
STEP 3: File Form I-140 (Immigrant Petition for Alien Worker)
STEP 3: File Form I-140 (Immigrant Petition for Alien Worker)
This step begins the green card process with U.S. Citizenship and Immigration Services (USCIS).
- The employer (or applicant for NIW cases) files Form I-140, along with supporting evidence of eligibility.
- Documents typically include:
- Evidence of education (degrees, transcripts).
- Proof of exceptional ability (awards, publications, certifications).
- A detailed job description for employer-sponsored cases.
Processing Time:
- Regular processing can take 6–12 months.
- Premium processing (15-day expedited review) is available for an additional fee.
STEP 4: Wait for Priority Date to Be Current
STEP 5: Adjustment of Status (If in the U.S.) or Consular Processing
STEP 3: File Form I-140 (Immigrant Petition for Alien Worker)
After the I-140 is approved, applicants must wait for their priority date to become current on the Visa Bulletin. This depends on:
- Country of birth.
- Availability of visa numbers in the EB-2 category.
STEP 5: Adjustment of Status (If in the U.S.) or Consular Processing
STEP 5: Adjustment of Status (If in the U.S.) or Consular Processing
STEP 5: Adjustment of Status (If in the U.S.) or Consular Processing
Once the priority date is current, the applicant can proceed to apply for a green card.
A. Adjustment of Status (Form I-485)
- If already in the U.S., file Form I-485 to adjust status to permanent residency.
- Submit supporting documents:
- Medical exam results (Form I-693).
- Proof of lawful presence.
- Employment verification.
- Processing Time: 8–14 months.
Applicants can also apply for:
- Employment Authorization Document (EAD) using Form I-765.
- Advance Parole for travel while the green card is pending.
B. Consular Processing
- If outside the U.S., complete consular processing by submitting documents to the National Visa Center (NVC).
- Attend an interview at the U.S. consulate or embassy in your home country.
- If approved, you’ll receive an immigrant visa to enter the U.S. as a permanent resident.
STEP 6: Receive Your Green Card
STEP 5: Adjustment of Status (If in the U.S.) or Consular Processing
STEP 5: Adjustment of Status (If in the U.S.) or Consular Processing
Once the adjustment of status is approved (or you enter the U.S. with an immigrant visa), you’ll receive your green card, granting you lawful permanent resident status.
Additional Considerations for EB-2 Visa?
Obtain Permanent Residency in the U.S.
- Dependents:
- Your spouse and children under 21 can apply as derivative beneficiaries and also obtain green cards.
- Validity of Green Card:
- EB-2 green cards are permanent, though they must be renewed every 10 years.
- Transition to Citizenship:
- After 5 years of permanent residency, EB-2 visa holders can apply for U.S. citizenship.
If you believe you qualify for the EB-1 visa, ensure your application is meticulously prepared with strong documentation to highlight your extraordinary abilities or achievements
Ready to begin your EB-2 Visa Journey?
Let the Experts at New Path Group Services Help Through the Process
If you’re unsure about which visa option may be right for you and your partner, or you just want to discuss your immigration plans in more detail, reach out to our team today. Our experienced team of visa specialists can walk you through the specifics of each visa path, and help you choose the best route based on your needs.