What is the EB-2 Visa?
The EB-2 visa is an employment-based visa designed for non-U.S. citizens who hold an advanced degree or have exceptional ability in their field. Those who receive an EB-2 visa are granted lawful permanent residency in the United States, meaning they can live and work in the country permanently.
There are three categories within the EB-2 visa:
- EB-2A: For individuals with advanced degrees.
- EB-2B: For individuals with exceptional ability.
- EB-2C: For individuals whose permanent residency would be in the national interest of the U.S.
Since the EB-2 visa is classified as a second-preference employment visa, 28.6% of the total employment-based visas are allocated for it each year. However, due to high demand, not everyone who applies will receive a visa immediately, as only about 40,000 EB-2 visas are issued annually. Additionally, no more than 7% of the visas can be granted to applicants from a single country, which may result in longer wait times for nationals of certain countries. Unlike some other visas, the EB-2 application process does not have a specific annual deadline and can be initiated at any time.
Benefits of the EB-2 Visa
- Provides permanent residency in the U.S.
- Allows freedom to work and travel in the U.S.
- The process is generally faster compared to other visa types.
- Spouses and dependent children can also be included in the visa.
EB-2 Visa Requirements
Before applying for an EB-2 visa, the sponsoring employer must first obtain a Permanent Labor Certification (PERM) by submitting Form 9089 to the U.S. Department of Labor. However, in some cases, applicants can bypass this requirement by obtaining a National Interest Waiver (NIW), which allows them to self-petition.
Applicants for an EB-2 visa fall into one of three categories, each with its own set of requirements:
- Advanced Degree
- Must hold an advanced degree (or its foreign equivalent).
- Alternatively, must have a bachelor's degree plus 5 years of progressive work experience.
- Any additional qualifications listed on the PERM certification must also be met.
- Exceptional Ability
- Must demonstrate a level of expertise significantly above that typically seen in fields like science, art, or business.
- The applicant must also meet any requirements listed on the PERM certification.
- Exceptional ability is proven by meeting at least three of the following criteria:
- An academic degree in the relevant field.
- 10 years of full-time experience in the field.
- A professional license or certificate to practice in the field.
- A salary indicative of exceptional ability.
- Membership in a professional association related to the field.
- Recognition by experts in the field.
- Other comparable evidence of exceptional ability.
- A job offer in the applicant's area of expertise is also required.
- National Interest Waiver (NIW)
- Applicants can petition on their own without needing a sponsor or labor certification.
- They must demonstrate:
- Possession of an advanced degree or exceptional ability (as defined above).
- That waiving the labor certification process would benefit the U.S.
- Their proposal has substantial merit and national importance.
- They are well-positioned to carry out the proposal successfully.
EB-2 Visa Process
The process for applying for an EB-2 visa involves several steps, including:
- Obtaining a PERM Labor Certification (except for National Interest Waiver applicants).
- Submitting Form I-140 (Immigrant Petition for Alien Worker).
- Completing a final green card interview either with the U.S. Consulate or USCIS.
PERM Labor Certification
For EB-2A (advanced degree) and EB-2B (exceptional ability) applicants, an employer must submit the PERM labor certification on their behalf. EB-2C (National Interest Waiver) applicants, however, can bypass this step.
The PERM labor certification is designed to ensure that U.S. workers are not displaced. Before submitting the certification, the employer must:
- Provide a valid job offer.
- Obtain a prevailing wage determination, which sets the minimum wage the employer must offer.
- Demonstrate that no qualified U.S. workers are available for the position.
This final step involves placing job advertisements and collecting related documentation, which must be kept for up to three years in case of an audit.
Achieve Your Immigration Goals with Sari Law
Navigating the EB-2 visa application process can be complex and time-consuming, with numerous legal requirements and detailed documentation involved. Working with an experienced immigration attorney ensures that your application is handled correctly and efficiently, reducing the risk of errors or delays. At **Sari Law**, we specialize in immigration law and are dedicated to helping clients achieve their permanent residency goals. With offices in New Jersey, Texas, and New York, our team provides personalized legal support tailored to your unique situation. We assist with every step of the process, from obtaining PERM certification to preparing and submitting your petition, ensuring you have the best possible chance of success.