An EB-2 visa is a work-based visa for foreign nationals with advanced degrees or exceptional skills, allowing them to live and work permanently in the United States. This guide explains the EB-2 visa process, including the costs, eligibility requirements, and the step-by-step application procedure.
What Is an EB-2 Visa?
The EB-2 visa is for non-U.S. citizens who have either an advanced degree or significant expertise in fields like science, arts, or business. It allows holders to become lawful permanent residents (green card holders) in the U.S.
To apply, the employer must first apply for a Permanent Employment Certification (PERM) from the Department of Labor using Form 9089. However, the labor certification requirement can be bypassed through a National Interest Waiver (EB-2 NIW), allowing the applicant to petition on their behalf.
EB-2 Visa Costs
The following are the typical costs associated with the EB-2 visa, depending on whether you are applying from within or outside the U.S.:
For applicants inside the U.S.:
- Form I-140 (Immigrant Petition for Alien Worker): $715 (paid by employer)
- Immigrant Fee: $235
- Form I-485 (Adjustment of Status): $1,440
For applicants outside the U.S.:
- Form I-140: $715 (paid by employer)
- Form DS-260 (Green Card Application): $345
- Form I-864 (Affidavit of Support): $120
Note: Employers also face additional costs for the PERM process, including legal fees and recruitment expenses.
How Long Does the EB-2 Visa Take to Process?
- Form I-140 Processing: On average, it takes about 6.9 months for processing. If you opt for premium processing, it can be expedited to just 15 days.
- After Form I-140 approval, the applicant must wait for a visa number to become available, which may take several months, depending on the applicant’s country of origin.
- Green Card Application (Form I-485): For applicants already in the U.S., it can take anywhere from 6.4 to 32.5 months to process.
EB-2 Visa Eligibility Requirements
To qualify for an EB-2 visa, applicants must meet one of the following categories:
- Advanced Degree: Applicants must have an advanced degree (like a master’s or doctorate) or a bachelor’s degree with at least 5 years of progressive work experience.
- Exceptional Ability: Applicants must demonstrate significant expertise in fields such as science, arts, or business that is above the ordinary standard in their field.
- National Interest Waiver (NIW): Applicants can self-petition if they can prove that their work is in the U.S. national interest and that waiving the labor certification process is beneficial to the country.
How to Apply for an EB-2 Visa: 4 Key Steps
- Obtain a PERM Certification: The U.S. employer must first submit a PERM application with the Department of Labor. This process ensures that no qualified U.S. workers are available for the position and usually takes about a year to complete.
- File Form I-140: After receiving the PERM certification, the employer files Form I-140 with USCIS to begin the petition process.
- Follow-Up Appointments: After the I-140 petition is filed, the applicant may be asked to attend biometric appointments or an interview.
- Submit Green Card Application: If the I-140 is approved, the applicant can then file the green card application (Form I-485) to adjust status.
Detailed Steps in the Application Process
Securing a PERM Certification
Before filing with USCIS, the employer must complete several pre-filing steps, including confirming that the offered wage meets the prevailing wage for the position and advertising the job to U.S. workers.
Filing Form I-140
Once PERM certification is secured, the employer has 180 days to file Form I-140 with USCIS. The petition must demonstrate that the applicant meets the qualifications and that the employer can meet the wage requirements.
Attend Follow-Up Appointments
Once USCIS receives the petition, the applicant may receive requests for biometrics or interviews. The applicant should ensure that all requested documents are available for submission.
Submitting the Green Card Application
After I-140 approval, the applicant can apply for a green card. If in the U.S., they file Form I-485; if outside the U.S., they will undergo consular processing.
National Interest Waiver (NIW)
For applicants requesting an NIW, the process bypasses the labor certification requirement. They must prove that their work benefits the U.S. nationally and that they are well-positioned to execute the proposed project.
Required Documents for EB-2 Visa
- Advanced Degree: Proof of the applicant’s advanced degree or a bachelor’s degree plus 5 years of relevant experience.
- Exceptional Ability: At least three of the following:
- Official records of relevant degrees or certifications
- Membership in professional associations
- Recognition of significant contributions in the field
- Payment for services related to expertise
- Licenses or certifications for the profession
- Letters proving full-time work in the field for at least 10 years
EB-2 FAQs
1. What is an EB-2 Visa?
The EB-2 visa allows highly skilled foreign workers with advanced degrees or exceptional abilities to live and work in the U.S. permanently.
2. Who is eligible for an EB-2 Visa?
Applicants with an advanced degree (master’s or higher) or those who have exceptional abilities in science, arts, or business.
3. What is the difference between EB-2 and EB-3 visas?
EB-2 requires an advanced degree or exceptional ability, while EB-3 is for workers with a bachelor’s degree or those in skilled labor positions.
4. How do I apply for an EB-2 visa?
You must first secure a job offer and have your employer file Form I-140. Then, wait for approval and apply for a green card.
5. Do I need a labor certification for the EB-2 visa?
Yes, unless applying for the National Interest Waiver (NIW), which waives the labor certification requirement.
6. Can self-petitioners apply for an EB-2 Visa?
Yes, individuals with exceptional abilities can participate in self-petition under the NIW category.
7. Can family members join an EB-2 visa holder?
Yes, spouses and children under 21 can join the EB-2 visa holder as dependents.
8. Can EB-2 visa holders change jobs?
Yes, but the new job must be in a similar field, and the new employer must file a new I-140.
9. Can EB-2 visa holders apply for U.S. citizenship?
Yes, after holding a green card for 5 years, EB-2 visa holders can apply for citizenship.
Can the EB-2 visa application be expedited, and if so, how
Yes, the EB-2 visa application can be expedited through a couple of methods, primarily by utilizing premium processing and making specific expedite requests to USCIS.
Premium Processing
- What It Is: Premium processing is an optional service that allows applicants to pay an additional fee to expedite the processing of their EB-2 immigrant petition (Form I-140).
- Timeframe: With premium processing, USCIS guarantees a response within 15 calendar days, significantly reducing the typical processing time which can take several months.
- Cost: The current fee for premium processing is $1,440.
How to Request Premium Processing:
- Submit Form I-140 along with the premium processing request and fee.
- Ensure all documentation is complete to avoid delays.
General Expedite Requests
In addition to premium processing, applicants may also request expedited processing based on specific urgent circumstances:
- Eligibility for Expedite Requests: USCIS considers expedite requests on a case-by-case basis, typically requiring documentation that supports the urgency of the request. Valid reasons might include:
- Severe financial loss to a company or individual.
- Urgent humanitarian reasons.
- U.S. government interests.
- Other compelling circumstances.
- How to Make an Expedite Request:
- Contact the USCIS Contact Center or use your USCIS online account to submit a request.
- Provide your receipt number and explain the reasons for the expedite request, along with supporting documentation
What are the main differences between the EB-2 and EB-3 visas
The EB-2 and EB-3 visas are both employment-based immigrant visas, but they cater to different categories of workers and have distinct eligibility requirements. Here are the main differences:
1. Preference Category
- EB-2 Visa: This is a second-preference employment visa, intended for professionals with advanced degrees or those who can demonstrate exceptional ability in their field.
- EB-3 Visa: This is a third-preference employment visa, designed for skilled workers, professionals with at least a baccalaureate degree, and unskilled workers.
2. Eligibility Criteria
- EB-2 Visa:
- Requires an advanced degree (master’s or doctorate) or a baccalaureate degree plus five years of progressive work experience.
- Applicants can also qualify by demonstrating exceptional ability in the arts, sciences, or business.
- The National Interest Waiver (NIW) option allows some applicants to bypass the labor certification and job offer requirements.
- EB-3 Visa:
- For skilled workers with at least two years of training or experience.
- For professionals holding a U.S. baccalaureate degree (or equivalent).
- Includes unskilled workers for positions requiring less than two years of training or experience.
3. Labor Certification Requirements
- EB-2 Visa: Generally requires labor certification unless applying under the NIW category, which allows self-petitioning.
- EB-3 Visa: All applicants must secure a permanent job offer and undergo the labor certification process.
4. Processing Times and Availability
- Due to its higher preference status, the EB-2 visa may offer faster processing times compared to the EB-3 visa. However, this can vary based on demand and country-specific visa availability.
5. Job Offer Requirement
- EB-2 Visa: The job offer requirement can be waived for NIW applicants.
- EB-3 Visa: A valid job offer from a U.S. employer is mandatory for all applicants.
By understanding the EB-2 visa process, you can better navigate the steps to obtaining a green card and securing a permanent future in the U.S.
How Law and Visas Can Help?
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