EB-2 Visa

Employment Based Immigrant Visa
Visa Categories, Benefits, Limitations, Requirements and Forms

The EB-2 employment based immigrant visa is a United States visa for professionals who have an advanced degree or the equivalent, foreigners who have an exceptional ability or foreign nationals seeking a national interest waiver.

EB-2 Visa Categories

• EB-2(A): This category is for foreign nationals that have an advanced degree or its equivalent (such as a baccalaureate plus 5 years related work experience) and an offer from a U.S. company requiring use of the advanced degree.

• EB-2(B): To qualify for this category, applicants must show ‘exceptional ability’ in the field of science, art or business. Exceptional ability is defined by USCIS as, “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”

• EB-2(C): This category is for foreign nationals seeking a national interest waiver due to their ‘exceptional ability’ or advanced degree who can prove that it is in the best interest of the United States. A national interest waiver is a request to have the labor certification usually required for EB-2 visas be waived based on the national interest. Applicants may petition on their own behalf independent of a job or company.

Benefits of the EB-2 Visa

• Residency in the U.S.
• Ability to leave and re-enter the U.S. unrestricted
• Ability to work in the U.S.
• EB-2 visa holders are allowed to bring dependents to the U.S., such as a spouse or unmarried children under the age of 21, on a dependent visa.

Limitations

• Must show proof of an advanced degree or the equivalent
• Must show proof of ‘exceptional ability’
• EB-2 petitions must generally be accompanied by an approved individual labor certification from the Department of Labor on Form ETA-750. Category EB-2(C) is the exception to this requirement as the applicant is requesting this procedure be skipped.

EB-2(A) Visa Requirements

• Proof of a U.S. advanced degree or its foreign equivalent such as an official academic record

or

• Proof of a U.S. baccalaureate degree or its foreign equivalent such as an official academic record plus letters from current or past employers showing 5 years of progressive post-baccalaureate work experience in the same field

EB-2(B) Visa Requirements

Applicants must qualify for 3 of the 7 criteria listed below:

• Proof, such as an official academic record, of a degree, diploma, certificate or other award from a university or higher educational institution which relates to the applicant’s ‘exceptional ability’.
• Documents which provide proof of 10 years full-time experience within the related field
• License or certification for the applicant’s profession
• Proof of a salary received for work due to the applicant’s ‘exceptional ability’
• Proof of professional memberships or associations related to the ‘exceptional ability’
• Documentation that shows recognition from peers, government entities, professional or business organizations
• Any additional documentation that supports the application

EB-2(C) Requirements

• Applicants must meet 3 of the 7 criteria listed above

and

• Proof that it is in the national interest for the applicant to work in the U.S.

Documentation

• Form I-140, Petition for Alien Worker to be filed by the applicant’s employer
• Form ETA-750, individual labor certification filed with the Department of Labor by the applicant’s employer (except for the EB-2(C) visa)
• Please see the above requirements for each visa’s additional documentation requirements.

Given the high stakes of the outcome of your EB-2 visa application and the complicated requirements involved, it is important to understand your rights and your obligations under the law. If you are ready to begin the application process or have questions, then contact us today to schedule a call or a meeting. We are more than happy to call you wherever you are in the world at no cost to you.