USA and the UK
What is an EB-2 Visa?
The EB2 Visa, or EB2 Green Card, is a second preference employment-based permit. It is available for foreign nationals who hold an advanced degree or equivalent. You must also prove your “exceptional ability”, meaning significant expertise in your field.
There are three tiers of EB-2 Visas:
- EB-2A Visa (Advanced Degree);
- EB-2B Visa (Exceptional Ability);
- EB-2C Visa (National Interest Waiver).
The U.S. Immigration Department allocates only 40,000 Green Cards for each category every year. All the information about the number of available permits is listed in the EB2 Visa bulletin.
How we can help with your EB2 Visa process
Every year, the number of foreign nationals who wish to get an EB2 Green Card is significantly high. Since this visa can offer an accessible route to permanent residence, the USCIS only approves a few relevant applications. Consequently, it is strongly advised to seek expert guidance from an immigration lawyer.
IAS can offer you one of its best attorneys, with a track record in successful Green Card applications. We can review your case and assess if you meet the “exceptional ability” requirements. Therefore, we will determine if your support documents are adequate and if they need to be translated into English. We will also prepare you for your interview.
Get in touch today to discuss the best strategy to go through your EB2 application and cut down the processing time.
Call us on +1844 290 6312 or enquire online. We are here to help.
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To be eligible for an employment-based Green Card, you must hold an advanced degree or have exceptional ability. Furthermore, you need to meet at least three of the following EB2 Visa requirements:
- At least 10 years of full-time experience in your occupation;
- A license to practice your profession;
- Membership in any professional association in your field;
- Official academic record showing your exceptional ability;
- Proof of your significant contribution to your industry;
- A salary adequate to your position and your role.
If you wish to apply for an EB-2A Visa, you must provide evidence of at least 5 years of progressive work experience in your industry.
If you are applying for an EB-2B Visa, you must demonstrate your exceptional ability. This means that your degree of expertise must be significantly above the average of your field.
If you have less than 5 years of experience, you cannot apply for this permit. However, skilled professionals may still meet the EB3 Visa requirements.
Applicants seeking an EB-2C visa must prove that the U.S. would notably benefit from their skills and competence.
The U.S. law defines as “extraordinary ability” every skill that is “significantly above that normally encountered”.
To be eligible for extraordinary ability-based visas, you must provide at least three of the following documents:
- Academic records;
- National or international recognition in your field;
- Valid professional licenses;
- Written statements to attest your experience and your skills;
- Membership in professional associations;
- Exceptional salary, adequate to your role in your field.
When processing your application, the U.S. DOL (Department of Labor) needs to issue a PERM Labor Certification. This Program Electronic Review Management System is used to check if a national worker may otherwise fill your position.
Before filing your petition, your employer must ensure that no qualified local worker is available to take the position.
Similar to other employment-based permits, the EB2 Visa application form must include an approved PERMI form from the DOL. To this end, you and your sponsor must fill out a Form ETA-750.
Only at this point, your employer can file a Form I-140. You must then wait for your EB-2 priority date to proceed with your application.
If you are already in the U.S. on a different visa, you will be able to request an Adjustment of Status using an I-485 Form. Conversely, if you live abroad, you will be summoned by your local consulate for an interview.
Those who are seeking a National Interest Waiver Visa may self-petition for their EB2 permit. In this case, you are exempted from the PERM requirement. However, the USCIS will require extensive scrutiny of your application.
The complete EB2 Green Card processing time depends on how many applications the USCIS needs to review every year. The yearly cap is 40,000: if there are more applicants than available permits, your EB2 visa priority date may retrocede.
The EB2 Visa bulletin is issued to provide more information about the number of visas available for every country.
Your petition may take about six months to be processed. However, you may wait up to two years to get a PERM Labor Certification. For this reason, your employer may want to consider paying an additional fee of $1,410. This will grant you a premium processing service for your petition, leading the total waiting time to 15 calendar days.
You still need your EB2 Visa priority date to be current before proceeding with your application. This may take other six months, leading the total EB2 Green Card processing time up to several years in some cases.
Applicants from certain countries may petition for similar visas. For example, Mexico and Canadian may apply for a NAFTA Professional Visa, to get higher chances to get their petition. The same applies to the E3 Australian Visa.
If you are an EB2 Visa holder, your immediate relatives can join you in the U.S.
Your legal spouse can apply for an E-21 visa, while your unmarried children under the age of 21 can apply for the E-22.
Once in the U.S., your spouse can request an EAD (Employment Authorization Document) to get the right to work in the country. Likewise, your children can attend public schools in the U.S.
It is important to note that these benefits can be granted only to your eligible relatives, and they do not apply to every member of your family.
EB2 Visas can be preferable to other employment-based Green Card options. However, they tend to be more complicated to get, since the USCIS will carry out an extensive investigation of your case. Therefore, you need the guidance of an experienced lawyer.
Our immigration attorneys have already successfully completed several complex cases. We are happy to assist you with your application, taking care of every part of it.
Our service includes:
- Review if you meet the EB-2 requirements;
- Check your supporting documentation;
- If you are self-petitioning, we can help you complete your application forms to the highest standard;
- Liaise with your sponsor and the DOL;
- Provide our best support for your PERM Certification.
The get in touch with one of our lawyers, call us on +1844 290 6312 or fill out our contact form.