EB2 Visa

What is an EB2 Visa?

The EB2 visa is the second preference of the US employment-based immigration visas. You can be granted permanent residency and work in the US with the EB2 immigrant visa, also known as the EB2 green card. The visa has three subcategories, which are as follows:

• EB-2A Visa – Advanced Degree
• EB-2B Visa – Exceptional Ability
• EB-2C Visa – National Interest Waiver

Though each of these three categories has specific requirements, they all have eligibility criteria that require expertise in associated fields. Furthermore, each category accepts a maximum of 40,000 visa applications annually.

Who is eligible for the EB2 visa?

You can apply for an EB2 visa with exceptional ability or an advanced degree in your profession. The eligibility criteria differ for the three subcategories.

For EB2A – Advanced Degrees

You must hold one or more advanced degrees to apply for the EB-2A visa. This could be a bachelor’s degree or its equivalent, but a postgraduate degree is usually required. It’s worth noting that not all advanced degrees qualify for the EB-2A. Some of the ones that do are:

• Master’s
• Ph.D.
• Juris Doctor (J.D. or law degree)
• M.D. (medicine).

In addition, you also need at least five years of progressive work experience.

Required documents include:

• An official academic record showing an advanced degree from a US institution or its foreign equivalent
• Recommendation letters from current or former employers to prove your working experience

For EB-2B – Exceptional Ability

The EB-2B visa requires exceptional ability in arts, sciences, or business. Exceptional ability implies having expertise significantly above what is ordinarily encountered in your field.

Your ability must add substantial merit and value and significantly contribute to the US economy. The national interest can include contributions to educational or cultural interests or welfare. A US job offer is also essential for approval.

Required documents include:

• Proof of at least ten years of full-time working experience
• Official record of academic qualification – degree or any other certificate of value
• License or certification to practice your profession
• Proof that you have national or international recognition in your profession. This could include articles, publications, government recognition, and awards.
• Proof that you’re a member of a professional association in your field
• Proof that you have previously commanded an appropriate salary for your level of ability
• Any other comparable evidence of your exceptional ability

For EB-2C – National Interest Waiver

The EB-2C subcategory lets you apply for an employment-based immigrant visa without having a US job offer. It also waives the requirement for Labour Certification. For this, you must prove beyond doubt that your extraordinary ability is in the national interest.

The required documents for the EB-2C are the same as that for the EB-2B. In addition, National Interest Waiver cases require that:

• The proposed endeavour is both worthwhile and significant in terms of national importance.
• The applicant is in an excellent position to move forward with the proposed endeavour.
• The labour certification would benefit the United States.

What is the application process for the EB2 Visa?

The EB2 visa application process is similar for the EB-2A and EB-2B but different for the EB-2C. Applicants under the EB-2A and EB-2B categories must first obtain a permanent labor certification from the US Department of Labor. The application for perm certification is submitted by their employer. After going through the labor certification process, employers can submit a petition for the EB2 green card to the USCIS on behalf of their employees.

But for the national interest waiver (EB-2C), foreign nationals don’t need to obtain a job offer a labor certification. They can submit their EB2 green card petition directly to the USCIS. They can also self-petition, as they don’t need an employer to process the visa on their behalf.

The USCIS green card petition for all three categories is Form I-140 – Petition for Alien Worker.

Employer Petition (EB2A & EB2B)

Your employer must enrol you in the Program Electronic Management Review (PERM) system to validate your labor certification. To successfully register you in the PERM system, they must prove that:

• The job is in a professional field
• The job is available to US workers
• No qualified US worker is available to fill the position, and a foreign worker is required.
• The salary aligns with prevailing pay in the industry.

Once you’re enrolled, they can then file Form I-140 to start the application process. They’ll also pay all applicable fees. You will have to provide any information or documents they request. Afterwards, you await a priority date.

Your priority date becomes “current” once there’s an open slot in the visa bulletin. Next, you have to go for an interview and, if applicable, a biometrics appointment.

Self-Petition (EB2C)

The EB-2C doesn’t require PERM enrolment. You can start by filing Form I-140. This form is available on the official USCIS website for download. Complete all sections and sign the form. File it according to the current address on the USCIS website.

Before filing, you must pay your filing fee. You’ll get a receipt notice from the USCIS to confirm that they received your petition. Afterwards, you wait for an interview date.

If you’re already in the US on a different visa, you must file Form I-485 to adjust your status.

If you are outside the US, you will need to undergo consular processing at a US embassy or consulate, where you will obtain an immigrant visa to travel to the US. Also, if you have family members planning to live with you in the US, they must obtain a visa through the same consular visa process here.

What are the fees?

The required fees for an EB-2 visa application may vary, depending on each foreign national’s specific situation. Your current location and choice to use certain optional services may determine the exact amount you will spend. However, the following fees are generally applied.

• Form I-140 filing fee: $715
• USCIS Immigrant fee: $235
• Form DS-260 filing fee: $325 (if you are undergoing consular processing).
• Form I-864 filing fee: $120
• Form I-485 filing fee varies depending on age and other factors. The maximum amount is $1,440, while the minimum is $950. You can check the correct cost for your status on the USCIS website.
• Premium processing service fee (optional): $2,805. This service is only available to EB2A and EB2B applicants. You cannot use it if you apply for the national interest waiver (EB2C) category. The premium processing service helps applicants expedite their Form I-140 petition process, as they can receive a decision from USCIS within 15 days.

In addition to the above fees, you may also have to pay for the following services, which also vary depending on your location and the service providers.

• Medical examination and vaccination
• Certified translations: if you provide non-English documents

Get in touch with our expert immigration lawyers to learn how to apply for the EB-2 Visa

Medical Examination and Vaccination

A medical examination is mandatory for all US visa applications to prove that the applicant is healthy enough to enter the US. Proof of vaccinations for certain illnesses is also mandatory.

A licensed doctor should do the medical examination. You’ll get all information about where to do your examination and the necessary vaccinations from the National Visa Center (NVC).

This is after your application is processed. You must complete your examination and vaccinations before going for your interview. The doctor will give you a sealed package to submit, and you must not open it yourself – it must remain sealed. It is one of the documents you will take to your visa interview.

Documents You’ll Need

You may need to present the following documents at your EB2 visa interview:

• International passport valid for at least six months from your expected date of entry into the US
• Passport-size photographs according to US visa standards
• Confirmation pages for all submitted forms. The Form I-140 confirmation page is the most important if you’re self-petitioning.
• Proof of medical examination and vaccination
• Labour certification from your employer for EB-2A and EB-2B
• Marriage and birth certificates if you filed Form DS-260 for family members
• Any other specified document

You must go with only original documents for your interview. Certified translations are mandatory, too, if the documents are not in English.

EB2 Visa Interview

The embassy of the immigration office in charge of your case will notify you when and where to appear for your EB2 visa interview. It is essential to prepare for the interview by gathering all the necessary documents ahead of time.

An officer will typically ask you questions about your qualifications, job history, background, and other details relating to your application.

Your answers must align with the information you submitted in your application forms. If you’re filing for family members, they, too, must attend the interview if they are between the ages of 14 and 79.

How long does EB2 Visa processing take?

After submitting your petition, you must stay in the visa waiting line for a visa number to be available. This is determined by the number of people in the same category ahead of you. Because it is a cap-based visa, there is a limited number of EB2 visas issued annually, and as such, USCIS processes petitions in chronological order. That is on a first-come, first-served basis. On average, it takes 6 to 9 months to process Form I-140.

You must constantly check with USCIS and the monthly visa bulletin country to know when a spot opens. Your employer may request Premium Processing Service for the Form I-140 petition by filing Form I-907.

USCIS will process your EB2 visa in just 15 days with premium processing.

After your application

It’s either the USCIS approve or deny your visa application. If approved, the embassy will stamp your passport with the EB2 visa stamp. If denied, you or an immigration lawyer can file a motion or appeal the decision with the help of an immigrant attorney.

EB2 Visa Application Approval

The visa affixed inside your international passport has an expiration date. You must enter the United States within the visa validity period. After your approval, the embassy will give you a sealed packet. You should not open this packet but submit it to an immigration officer at your point of entry.

You will only be allowed entry if you’ve paid the USCIS immigrant fee. You’ll get your EB2 green card when you arrive in the US as Form I-151 or Form I-551. This could take a while to process. Before it comes, you can use the alien number stamped on your passport as your work permit.

EB2 Visa Application Denial

If you apply for the EB-2A or EB-2B subcategory and your petition is denied, you should leave it to your employer to handle the appeal.

For the EB-2C, you should only appeal or file a motion if you believe and can prove that the verdict is wrong. A second denial could affect your future visa chances in other visa categories.

If the denial is due to a lack of necessary information or documents, you can compile these documents and submit them immediately. This is most common in applications that require administrative processing.

The denial can be lifted after reprocessing without you reapplying. You have a year to provide the needed documents and information. Otherwise, you have to reapply. Reapplying means starting the visa application process from scratch. You have to submit all the documentation and repay the fees.

Get Expert Assistance for Your EB-2 Visa Application

Our experts can help you in all aspects of your EB2 visa application from eligibility through to processing. Our service includes:

• Review if you meet the EB2 requirements
• Checking your supporting documentation
• If you are self-petitioning, we can help you complete your application forms to the highest standard
• Liaise with your sponsor and the DOL
• Provide our best support for your PERM Certification

We can also support you with matters including family-based green cards, applying for US citizenship, and Visitor Visas. 

Get in touch with an IAS experienced immigration attorney today for any immigration-related service. Call us on +1844 290 6312 or fill out our contact form.