EB-2 Visa Requirements

EB-2 Visa Requirements: Your Guide to the US Employment-Based Second Preference Visa

The EB-2 visa is a popular choice for skilled professionals worldwide who want to live and work in the United States. This visa is part of the US employment-based immigration system, offering a pathway for individuals with advanced degrees or exceptional abilities in fields like business, science, or the arts. If you meet the requirements, the EB-2 visa can also lead to permanent residency (a green card), making it an appealing option for highly qualified professionals. Here’s everything you need to know about EB-2 visa requirements, eligibility, and the application process.

1. What is the EB-2 Visa?

The EB-2 visa, or Employment-Based Second Preference Visa, is intended for individuals who possess advanced skills, a high level of education, or exceptional abilities that benefit the US economy and workforce. This visa is ideal for professionals with a master’s degree or higher, or those who can prove exceptional ability in fields like healthcare, engineering, and the arts.

For more information about the visa, visit the USCIS EB-2 Visa page.

2. Categories of the EB-2 Visa

The EB-2 visa has three main subcategories, each with unique requirements:

EB-2(A): Advanced Degree
This subcategory is for professionals holding a degree higher than a bachelor’s, like a master’s or Ph.D. If you only have a bachelor’s degree, you’ll need at least five years of relevant work experience to qualify.
EB-2(B): Exceptional Ability
For individuals who can demonstrate “exceptional ability” in fields like arts, sciences, or business. Exceptional ability means having a skill level significantly above what is normally encountered in your field.
EB-2(C): National Interest Waiver (NIW)
The National Interest Waiver (NIW) allows applicants to bypass the requirement of having a job offer or labor certification if their work is considered to be in the national interest of the United States. This is commonly sought by researchers, scientists, or entrepreneurs who are making contributions in critical fields.

To learn more about these categories, visit USCIS EB-2 Requirements.

3. General Requirements for the EB-2 Visa

Here are the primary requirements for each EB-2 subcategory:

For EB-2(A): Advanced Degree

To qualify under the Advanced Degree subcategory, you need:

A degree higher than a bachelor’s, such as a master’s, Ph.D., or equivalent foreign degree.
Relevant work experience: If you have only a bachelor’s degree, you’ll need at least five years of progressive work experience in the relevant field.

Documentation: Proof of your advanced degree and a detailed resume or employment letters verifying your experience.

For EB-2(B): Exceptional Ability

To qualify under Exceptional Ability, you’ll need to provide at least three of the following documents:

Academic records showing formal training or education in your field.
Letters showing ten or more years of work experience in the profession.
A license or certification related to your field.
Proof of earning a high salary or income in comparison to others in the field.
Membership in a professional association.
Recognition from peers, organizations, or government entities for your contributions.

For EB-2(C): National Interest Waiver (NIW)

To qualify for the National Interest Waiver, you must show that:

Your work has substantial merit and national importance.
You’re well-positioned to advance your field.
Waiving the job offer and labor certification is in the US’s national interest.

Typically, applicants in fields like science, technology, engineering, and medicine are strong candidates for NIW.

4. Labor Certification Requirement

For the EB-2(A) and EB-2(B) subcategories, the US employer usually must obtain a Permanent Labor Certification (PERM) from the Department of Labor (DOL). This certification confirms that hiring you won’t negatively impact job opportunities or wages for US workers.

Steps for Labor Certification

Job Advertisement: The employer advertises the job to ensure no qualified US worker is available.
Application for PERM: The employer files the PERM application with the DOL.
Approval: If the DOL approves the application, you can proceed with the EB-2 visa application.

With the National Interest Waiver, this certification is not required, making it an attractive option for eligible individuals.

5. EB-2 Visa Application Process

Here’s a step-by-step guide to applying for an EB-2 visa:

Step 1: Get a Job Offer (if not using NIW)

You typically need a job offer from a US employer unless you’re applying for the National Interest Waiver.

Step 2: PERM Labor Certification (for EB-2(A) and EB-2(B))

Your employer files the PERM certification to ensure your employment will not affect the US labor market.

Step 3: File Form I-140, Immigrant Petition for Alien Worker

Your employer will file Form I-140 with the US Citizenship and Immigration Services (USCIS). This form proves that you meet the qualifications for an EB-2 visa.

For National Interest Waiver applicants, you can self-petition, meaning you file the I-140 form yourself without an employer.

Step 4: Apply for Adjustment of Status or Consular Processing

Once your I-140 petition is approved and your priority date is current, you can move on to one of these processes:

Adjustment of Status: If you’re already in the US on a different visa, file Form I-485 to adjust your status to a green card holder.
Consular Processing: If you’re outside the US, go through consular processing at your local US embassy or consulate.

For more details on the application process, visit the USCIS Adjustment of Status page.

6. EB-2 Processing Times

Processing times for EB-2 visas vary and depend on factors like your country of origin, PERM processing times, and USCIS caseload. Generally, processing can take several months to over a year.

To check current processing times, visit the USCIS Processing Times page.

7. Benefits of the EB-2 Visa

There are several advantages to obtaining an EB-2 visa:

Path to Permanent Residency: The EB-2 visa is an employment-based green card, meaning you can apply for permanent residency once your visa is approved.
Flexibility in Employment: After getting your green card, you can switch jobs without losing your residency status.
Family Benefits: Your spouse and children under 21 may also be eligible for permanent residency if you receive an EB-2 visa.

8. Helpful Links and Resources

Here are some official resources to help you along the way:

USCIS EB-2 Visa Information: https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2
Department of Labor (PERM Process): https://www.dol.gov/agencies/eta/foreign-labor
Visa Bulletin (Priority Dates): Check the Visa Bulletin to track when your priority date becomes current for processing.
- https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

Conclusion

The EB-2 visa provides a valuable opportunity for skilled professionals to build their careers in the United States, especially for those with advanced degrees or exceptional abilities. By meeting the qualifications and carefully following the application process, you can set yourself on a path to obtaining permanent residency in the US. Whether you’re applying for a traditional EB-2 visa or pursuing a National Interest Waiver, the EB-2 visa is a rewarding pathway for professionals seeking long-term success in the US.