The EB-2 visa is an immigrant visa issued to foreign nationals holding advanced degrees in the sciences and want to work in the United States in scientific, business, and educational pursuits. It comes under the employment-based immigration streams, focusing more on professionals holding advanced degrees or experiencing exceptional skills.
If you have the right qualifications, the visa allows you to work and live permanently in the U.S. But how do you apply for this visa? In this blog, we will walk you through everything you need to know about the EB-2 visa, from eligibility criteria to the application process, to help you navigate your way toward obtaining this visa.
Who is Eligible for the EB-2 Visa?
To be eligible for an EB-2 visa, applicants must meet one of the following criteria:
1. Advanced Degree Professionals: The applicant must have a U.S. equivalent advanced degree (such as a Master’s or Ph.D.) or a foreign degree that is equivalent to a U.S. advanced degree. In some cases, a bachelor’s degree and at least five years of professional experience can be considered equivalent to a master’s degree.
2. Exceptional Ability in Your Field: This refers to those who have a level of expertise significantly above that normally encountered in their field. To demonstrate exceptional ability, applicants must show that they have at least three of the following:
- A degree related to the field of expertise
- A letter from a current employer showing that the applicant has at least 10 years of full-time experience in the field
- A license to practice in the field
- Evidence of high salary or other remuneration for services
- Membership in professional organizations related to the field
3. National Interest Waiver (NIW): Occasionally, applicants qualify for a National Interest Waiver under this classification, which allows them to eliminate the part of the process involving a job offer or Labor Certification. It is authorized for those individuals, whose work directly benefits the United States in a significant way. For applicants applying under this category, they have to prove that their proposed work is in the national interest of the United States and also show that they are perfectly positioned to carry out that work.
How to Apply for EB-2 Visa
There is a whole procedure to apply for a visa. Here is a breakdown of the application process.
Step 1: Determine Eligibility
For each of these options, a different strategy to apply for a visa should first be used; and that would entail analyzing whether or not you are eligible under any one of these categories: advanced degree professional, exceptional ability, or national interest waiver. To confirm your eligibility, obtain and collect all pertinent supporting documents establishing your qualifications-including your education credentials, work experience records, or even employment recommendation letters, among others.
Step 2: Labor Certification (If Required)
For applicants who are not applying for the National Interest Waiver (NIW) and who have an offer for a job from a U.S. employer, their next step should be to get Labor Certification. It is a process wherein the employer proves before the Department of Labor that there are no qualified American workers available for the position, and hiring a foreign worker for that position would not adversely affect the wages or working conditions of American workers. An employer must submit an application for a Labor Certification through the U.S. Department of Labor (DOL).
Step 3: Submit Form I-140-Immigrant Petition for Alien Worker
If the Labor Certification, if applicable, is approved or a National Interest Waiver, an applicant files an immigrant petition known as Form I-140. Form I-140 is submitted to the U.S. Citizenship and Immigration Services (USCIS) by the applicant or his/her employer. The application form will ask the applicant to submit all evidence proving their qualifications, such as diplomas, degrees, letters of recommendation, and other relevant documents showing their eligibility for the EB-2 visa.
Step 4: Wait for I-140 Approval
After submitting Form I-140, the U.S. Citizenship and Immigration Services (USCIS) will review the application and determine if the applicant meets the eligibility criteria for the EB-2 visa. If USCIS approves the petition, the next step is to file for adjustment of status or consular processing, depending on where the applicant is located.
Step 5: Adjustment of Status or Consular Processing
If you are already in the U.S. on a non-immigrant visa, you can apply for an adjustment of status to become a lawful permanent resident (green card holder). You do this by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
If you are outside the U.S., you would have to undergo consular processing. This would require you to send your documents to a U.S. embassy or consulate in your home country. You will also be interviewed by a consular officer before your visa is issued.
Step 6: Attend the Visa Interview
Whether you are filing for adjustment of status in the U.S. or going through consular processing abroad, it is possible you will be scheduled for a visa interview. An immigration officer for the U.S. will pose questions about your qualifications, what you intend to do in the U.S., and your background. You need to be ready and provide answers that are not only truthful but also accurate in this interview.
Step 7: Receive Your EB-2 Visa
Once your application is approved and there are no issues with your background check or documentation, you will be issued a visa. If you are applying from outside the U.S., you will receive a visa that allows you to enter the country as a permanent resident. If you are adjusting your status within the U.S., you will receive your green card.
Important Considerations
- Processing Times: The processing of a visa often takes a few months to more than a year in order to become approved. Its processing time really depends on certain factors such as the applicant’s country of origin and if there’s a need to present additional documentation.
- Priority Dates: The visa is subject to annual quotas, and applicants from certain countries may experience longer waiting times due to high demand. Applicants can check the U.S. Department of State’s Visa Bulletin for the most up-to-date information on visa availability.
- Dependents: If you receive an EB-2 visa, your spouse and children who are under 21 years old can also apply for derivative visas to accompany you in the U.S. as permanent residents.
The EB-2 visa is a good opportunity for highly skilled professionals and people with advanced degrees to work and live in the United States. The chances of obtaining this visa increase once you meet the eligibility requirements, coupled with taking the right steps in the proper application process.
If you are considering applying for the EB-2 visa, it’s important that you satisfy the qualifications, collect the requirements, and make sure you take the proper steps when doing the application. With the right preparation and guidance, your journey to living and working in the U.S. could be a successful one.
