EB-2 Visa

EB-2 Visa

The EB-2 visa category is designed for professionals with advanced degrees and individuals with exceptional ability in the sciences, arts, or business. To be eligible for an EB-2 visa, you must have a job offer from a U.S. employer and meet one of the following requirements:

  • Possess an advanced degree (or equivalent) beyond a bachelor’s degree, or
  • Have exceptional ability in the sciences, arts, or business, which must be demonstrated through extensive documentation

 

Advanced Degree Requirement:

To meet the advanced degree requirement, you must have a master’s or doctoral degree, or a bachelor’s degree followed by at least five years of progressive experience in your field. You must also demonstrate that the advanced degree is required for the job you have been offered.

Exceptional Ability Requirement:

To meet the exceptional ability requirement, you must provide extensive documentation to demonstrate that you have exceptional ability in the sciences, arts, or business. The documentation must show that you have at least three of the following:

  • A degree, diploma, or certificate from a college, university, or other institution of learning related to your area of exceptional ability
  • Letters from current or former employers showing that you have at least ten years of full-time experience in your field
  • A license to practice your profession or certification for your profession or occupation
  • Evidence that you have commanded a high salary or other significantly high remuneration for your services
  • Membership in professional associations
  • Recognition for your achievements and significant contributions to your industry or field by peers, government entities, or professional or business organizations
  • Evidence of having been published in professional or major trade publications or other major media
  • Evidence of having participated on a panel or as a judge of the work of others in your field

EB-2 Visa Application Process

To apply for an EB-2 visa, your U.S. employer must first file a Form I-140, Petition for Alien Worker, with USCIS on your behalf. The petition must include evidence that you meet the eligibility requirements for the EB-2 visa category, including your advanced degree or exceptional ability in your field. Once your Form I-140 is approved, you can then file a Form I-485, Application to Register Permanent Residence or Adjust Status, to obtain a green card. If you are outside of the United States when your Form I-140 is approved, you must apply for an immigrant visa at a U.S. consulate or embassy in your home country.

EB-2 Visa Processing Time

The processing time for an EB-2 visa can vary depending on a number of factors, such as the volume of applications being processed by USCIS and the complexity of your case. Typically, the processing time for an EB-2 visa can range from six months to a year or more.

EB-2 Visa Priority Workers

There is also a special subcategory of the EB-2 visa category known as EB-2 Priority Workers. This subcategory is reserved for individuals who have exceptional ability in the sciences, arts, or business, or who are advanced degree holders and whose work is in the national interest of the United States. This subcategory does not require a job offer from a U.S. employer, and the applicant can self-petition for an EB-2 Priority Worker visa. Additionally, EB-2 Priority Worker applicants may be eligible for a National Interest Waiver (NIW) which would exempt them from the requirement of having a job offer from a U.S. employer.