The Employment-Based Second Preference (EB-2) visa is a legal route for highly qualified individuals with advanced degrees or extraordinary ability to become permanent residents of the United States . Highly sought after by individuals with specialized expertise or significant achievements in their field, the EB-2 visa offers opportunities for professionals to contribute to the U.S. economy and workforce.
In this article, we’ll explore the eligibility criteria, application process, and benefits of the EB-2 visa, shedding light on this important avenue for skilled immigrants seeking to build their future in the United States.
What Is the EB-2 Visa?
The EB-2 visa, or Employment-Based Second Preference visa, is a type of immigration visa that permits people with advanced degrees or extraordinary talents to be legally given permanent residency in the United States. It is one of the pathways available for skilled professionals seeking to immigrate to the U.S. for employment purposes.
The EB-2 visa is highly sought after by individuals who possess specialized skills, advanced education, or extraordinary achievements in their field and who can contribute significantly to the U.S. economy and workforce.
EB-2 Visa Requirements
To qualify for an EB-2 visa, applicants must meet specific requirements outlined by U.S. Citizenship and Immigration Services (USCIS). Here are the key eligibility criteria for the EB-2 visa:
Advanced Degree Professional (EB-2A)
- The applicant must hold an advanced degree (master’s degree or higher) or its foreign equivalent.
- Alternatively, the applicant may qualify with a bachelor’s degree plus five years of progressive post-bachelor’s degree experience in the field.
Exceptional Ability (EB-2B)
- The candidate must exhibit extraordinary talent in their field, which is defined as a level of proficiency well above what is often found in the business, arts, or sciences.
- Evidence of exceptional ability may include academic degrees, professional licenses, publications, awards, membership in professional associations, or recognition for achievements in the field.
National Interest Waiver (NIW)
- In some cases, applicants may be eligible for a National Interest Waiver (NIW) under the EB-2 category if their work is considered to be in the national interest of the United States.
- To qualify for an NIW, the applicant must demonstrate that their work will benefit the United States substantially and that they are well-positioned to advance the proposed endeavor.
Labor Certification (EB-2A and EB-2B)
- Generally, applicants must obtain a labor certification from the Department of Labor unless they qualify for a National Interest Waiver.
- The labor certification process entails proving that the post being offered to the foreign worker is unfilled by qualified American workers and that the hiring of the foreign worker won’t have a negative impact on the pay and working conditions of similarly employed American workers.
Employment Offer (EB-2A)
- Applicants must have a job offer from a U.S. employer who is willing to sponsor their immigrant visa application and provide permanent full-time employment in the United States.
It’s important to note that meeting the basic eligibility criteria does not guarantee approval of the EB-2 visa application. Applicants must provide sufficient evidence to demonstrate their qualifications and eligibility for the visa category.
Additionally, the application process may vary depending on whether the applicant is applying from within the United States (adjustment of status) or abroad (consular processing). Consulting with an immigration attorney or accredited representative can provide valuable guidance throughout the application process.
EB-2 Visa Costs
The costs of obtaining an EB-2 visa include various fees and expenses incurred throughout the application process. Here are the primary costs applicants can expect to encounter:
Form Filing Fees
- The main form for applying for an EB-2 visa is typically Form I-140 (Immigrant Petition for Alien Worker), which requires a filing fee. As of 2024, the filing fee for Form I-140 is $715 when filed with USCIS, plus additional fees when applicable.
Premium Processing (Optional)
- Applicants may choose to expedite the processing of their Form I-140 petition by opting for premium processing, which guarantees a 15-calendar-day processing time for an additional fee. As of 2022, the premium processing fee is $2,500.
Labor Certification (if applicable)
- If the applicant’s EB-2 visa category requires a labor certification (e.g., EB-2A and some EB-2B cases), there may be additional costs associated with the labor certification process, including advertising expenses, attorney fees, and prevailing wage determination fees.
Attorney Fees
- Many applicants choose to work with an immigration attorney to navigate the EB-2 visa application process. Attorney fees vary depending on the complexity of the case and the services provided.
Biometrics Appointment (if applicable)
- Depending on the applicant’s specific circumstances, a biometrics appointment may be required as part of the visa application process. The biometrics fee is $85 in most situations.
- Visa Application Fees (if processing from abroad)
- If the applicant is applying for an immigrant visa from abroad through consular processing, there may be additional visa application fees payable to the U.S. Department of State, depending on the applicant’s nationality and the specific procedures of the U.S. embassy or consulate.
Medical Examination
- Applicants are required to undergo a medical examination by a designated civil surgeon to ensure they meet the health requirements for immigration to the United States. The cost of the medical examination varies depending on the provider and location.
Miscellaneous Expenses
- Depending on the individual circumstances of the case, there may be additional miscellaneous expenses, such as translations, certifications, travel expenses for interviews, and other related costs.
It’s important for applicants to budget for these expenses and consult with an immigration attorney or accredited representative for guidance on the costs associated with the EB-2 visa application process. Additionally, fee amounts are subject to change, so it’s advisable to check the most current fee information on the official websites of U.S. Citizenship and Immigration Services (USCIS) or the U.S. Department of State before submitting an application.
How To Apply for the EB-2 Visa
Applying for an EB-2 visa involves several steps and requires careful attention to detail to ensure a successful application process. Here’s a general overview of how to apply for the EB-2 visa:
Labor Certification (if required)
If the applicant’s EB-2 visa category requires a labor certification, the U.S. employer must first obtain approval from the Department of Labor (DOL) by demonstrating that there are no qualified U.S. workers available for the position offered to the foreign worker and that the employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
File Form I-140 (Immigrant Petition for Alien Worker)
Once the labor certification (if required) is approved, the U.S. employer files Form I-140 with U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign worker. Form I-140 serves as the immigrant petition to classify the foreign worker as eligible for an EB-2 visa.
Submit Supporting Documents
Along with Form I-140, the applicant and their employer must submit supporting documentation to demonstrate eligibility for the EB-2 visa category. This may include evidence of the applicant’s advanced degree, exceptional ability, or qualifications for a National Interest Waiver (NIW), as well as documentation related to the employer’s business and the job offered.
Adjudication of Form I-140
USCIS adjudicates Form I-140 to determine whether the applicant meets the eligibility requirements for the EB-2 visa category. This includes reviewing the evidence submitted and verifying that the job offered meets the criteria for the visa category.
Priority Date and Visa Availability
Once Form I-140 is approved, the applicant’s priority date is established based on the filing date of the petition. The applicant must monitor the Visa Bulletin issued by the Department of State to determine when their priority date becomes current and visa availability allows them to proceed with the next steps of the immigration process.
Adjustment of Status or Consular Processing
If the applicant is already in the United States, they may apply for adjustment of status (Form I-485) to become a lawful permanent resident (Green Card holder) once their priority date becomes current. If the applicant is residing abroad, they must undergo consular processing at a U.S. embassy or consulate to obtain an immigrant visa for entry to the United States.
Attend Interview and Provide Biometrics (if applicable)
Depending on the specific circumstances of the case, the applicant may be required to attend an interview with USCIS or provide biometrics (fingerprints, photographs, and signature) as part of the visa application process.
Receive Decision
Upon approval of the visa application and completion of any required interviews or biometrics appointments, the applicant will receive a decision on their immigration status.
Throughout the application process, it’s essential for applicants to adhere to all instructions, meet deadlines, and provide accurate and complete information to USCIS to ensure a smooth and successful immigration process. Additionally, consulting with an immigration attorney or accredited representative can provide valuable guidance and assistance throughout the EB-2 visa application process.
EB-2 Visa as a Path to Obtaining a Green Card
Yes, once an EB-2 visa has been granted, the applicant can eventually obtain a Green Card, which grants them lawful permanent residency in the United States. However, there are additional steps and requirements involved in the process of transitioning from an EB-2 visa holder to a Green Card holder. Here’s how it typically works:
Priority Date and Visa Availability
- After the approval of the EB-2 visa petition (Form I-140), the applicant’s priority date is established based on the filing date of the petition.
- The applicant must monitor the Visa Bulletin issued by the Department of State to determine when their priority date becomes current and visa availability allows them to proceed with the next steps of the immigration process.
Adjustment of Status or Consular Processing
- If the applicant is already in the United States, they may apply for adjustment of status (Form I-485) to become a lawful permanent resident (Green Card holder) once their priority date becomes current.
- If the applicant is residing abroad, they must undergo consular processing at a U.S. embassy or consulate to obtain an immigrant visa for entry to the United States.
Adjudication of Form I-485 or Immigrant Visa Application
- USCIS or the Department of State adjudicates the Form I-485 or immigrant visa application to determine the applicant’s eligibility for a Green Card.
- This process may involve background checks, interviews, and the submission of additional documentation as required.
Biometrics and Interview (if applicable)
- Depending on the specific circumstances of the case, the applicant may be required to attend an interview with USCIS or provide biometrics (fingerprints, photographs, and signature) as part of the visa application process.
Receive Green Card
- Upon approval of the Form I-485 or immigrant visa application, the applicant will receive their Green Card, granting them lawful permanent residency in the United States.
- The Green Card allows the holder to live and work permanently in the United States and provides a pathway to eventual U.S. citizenship through naturalization.
It’s important to note that the process of obtaining a Green Card after receiving an EB-2 visa can be complex and may vary depending on individual circumstances. Applicants are encouraged to consult with an immigration attorney or accredited representative for personalized guidance and assistance throughout the Green Card application process.
EB-2 Visa for Professionals: The Bottom Line
Obtaining the EB-2 visa is a significant achievement for skilled professionals and individuals with exceptional abilities seeking to build their future in the United States. While the process may be complex and demanding, the opportunities it offers for advancing one’s career, contributing to the U.S. economy, and eventually obtaining lawful permanent residency through a Green Card are invaluable.
By understanding the eligibility requirements, following the application process diligently, and seeking guidance when needed, applicants can navigate the EB-2 visa journey with confidence and ultimately achieve their immigration goals.