EB-2 Visa

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EB-2 Visa (EB2 Green Card)

What is an EB-2 Visa?

The EB-2 visa is a category of employment-based immigrant visas in the United States. It is designed for individuals with exceptional ability or advanced degrees who wish to immigrate to the United States for employment purposes. The EB-2 visas require sponsoring employers. However, EB-2 NIW visas do not require sponsors or employers. There are three subcategories within the EB-2 visa category:


    • EB-2 (A): This is for aliens who have advanced degrees (typically a Master’s degree or above).
    • EB-2 (B): This is for aliens who demonstrate exceptional ability in their field.
    • EB-2 (C): Otherwise known as a National Interest Waiver (NIW), this is for aliens who can demonstrate that their entrance into the U.S. would be in the “national interest.”
On this page, we will discuss the following:
 
(1) EB-2(A) Visa Requirements with document list,
 

(2) EB-2(B) Visa Requirements with document list,

 

(3) EB-2 Visa Labor Certification Process,

(4) NIW Visa ( EB-1C Visas ) Requirements with document list,

(5) USCIS Form I-140 Petition processing, 

(6) Priority Date & Visa Bulletin, 

(7) Consular Processing, and

(8) Adjustment of Status.

 

EB-2(A) Visa Requirements:

EB-2A: Advanced Degree Professionals.  To qualify for an EB-2A visa:

      • You must have an advanced degree (master’s degree or higher) or its equivalent,  OR a minimum of 5 years of work experience after obtaining a bachelor’s degree.
      • To prove your work experience for an EB-2A visa (employment-based second preference visa for individuals with advanced degrees), you need to provide documentation and evidence of your qualifications and relevant work experience. Here’s how you can demonstrate your work experience for this visa category:

        1. Educational Qualifications: Since the EB-2A category is for individuals with advanced degrees, you should provide evidence of your educational qualifications. This typically means having a master’s degree or higher. Include copies of your diplomas, transcripts, and any relevant certificates.

        2. Employment History: Document your work history by providing detailed information about your previous employment experiences. This should include:

          • A comprehensive resume or curriculum vitae (CV) that lists all your work experiences, including job titles, dates of employment, and the names of employers or institutions.
          • Letters of employment verification from past employers. These letters should be on official company letterhead and include details about your job responsibilities, the duration of your employment, and your qualifications for the position.

        3. Relevant Job Experience: Ensure that your work experience is directly related to your advanced degree and the job you are applying for in the United States. The U.S. employer should be hiring you for a position that requires your advanced degree.

        4. Expertise in the Field: Provide evidence of your expertise and skills in your field of study or work. This could include descriptions of specific projects, research, or accomplishments that demonstrate your expertise.

        5. References and Letters of Recommendation: Obtain strong letters of recommendation from professionals or supervisors who can attest to your qualifications, work experience, and expertise. These letters should emphasize how your work experience is relevant to the job you’re seeking in the U.S.

        6. Publication and Research: If applicable, include copies of research papers, publications, reports, or any other work-related documents that showcase your contributions to your field. Highlight any significant research or projects that demonstrate your expertise.

        7. Professional Memberships and Certifications: Include information about any professional organizations or associations you belong to, as well as any certifications or licenses relevant to your field.

        8. Summary of Qualifications: Write a personal statement or cover letter that summarizes your qualifications, educational background, work experience, and how they make you well-suited for the job in the U.S.

        9. Consistency in Your Application: Ensure that all the information you provide is consistent throughout your application, including your resume, letters of recommendation, and personal statement.

      • Job Offer: You will need a job offer from a U.S. employer that requires your advanced degree and expertise. The job offer should specify the job title, duties, and other relevant details.

      • Labor Certification: Your U.S. employer may need to obtain a labor certification from the U.S. Department of Labor.

      • Note that the job must be in the same field that the alien has their degree in.

EB-2(B) Visa Requirements

EB-2B: Exceptional Ability. To qualify for an EB-2B visa,

    • You must demonstrate exceptional ability in your field. This typically requires a high level of expertise, recognition, or achievement in your profession.
    • Proving exceptional ability for an EB-2B visa (employment-based second preference visa for individuals with exceptional ability) requires providing strong evidence of your expertise, recognition, and accomplishments in your field. Here are steps to help you demonstrate exceptional ability for this visa category:
    1. Collect Documentation of Achievements: Gather documentation that highlights your accomplishments and contributions in your field. This may include:
      • Copies of publications, research papers, articles, or reports you have authored.
      • Proof of patents or inventions you hold, if applicable.
      • Certificates, awards, or honors you have received for your work.
      • Evidence of memberships or leadership roles in professional organizations related to your field.
    2. Letters of Recommendation: Obtain strong and persuasive letters of recommendation from experts, colleagues, or supervisors in your field. These letters should emphasize your exceptional abilities, contributions, and impact on the field.
    3. Educational Qualifications: If you have advanced degrees or certifications, provide copies of your diplomas, transcripts, and any relevant certificates. This can demonstrate your educational qualifications and expertise.
    4. Work Experience: Document your work experience and provide details about significant projects, roles, or positions that showcase your exceptional ability and contributions. Highlight any leadership roles or innovative projects. You must have at least ten years of full-time experience.
    5. Media Coverage and Press Mentions: Include evidence of media coverage, press releases, or articles that feature your work. This demonstrates that your work has garnered public recognition and is of significant interest.
    6. Speaking Engagements and Conference Participation: Provide evidence of your participation in conferences, seminars, or industry events. Include information about any keynote speeches, panels, or workshops you have led or participated in.
    7. Impact and Significance: Explain the impact and significance of your work within your field. How has it advanced knowledge or technology? Provide examples and data if applicable.
    8. Peer Review: If your work has undergone peer review, include evidence of this process, such as peer-reviewed publications or letters from peers attesting to the quality and significance of your work.
    9. Letters of Support: Include letters of support from respected colleagues, mentors, or experts who can corroborate your exceptional ability and contributions to the field.
    10. Personal Statement: Write a compelling personal statement that summarizes your achievements, contributions, and the exceptional nature of your work. This statement should tie together the evidence you provide and make a persuasive case for your exceptional ability.
  • Qualifying Job Offer: You will need a job offer from a U.S. employer that requires your exceptional abilities. The employer should be willing to sponsor your EB-2B visa.
  • Labor Certification: Your U.S. employer may need to obtain a labor certification from the U.S. Department of Labor unless it can demonstrate that it’s in the national interest to waive this requirement
  • Note that the job must be in the same field that the alien has their degree in.

EB-2 Visa Labor Certification Process

The Labor Certification process is a crucial step in the application process for certain employment-based immigrant visas, including the EB-2 and EB-3 visa categories. The Labor Certification process is designed to protect the U.S. job market by ensuring that there are no qualified U.S. workers available for a specific job position before an employer sponsors a foreign worker for permanent residency. Below are the key steps involved in the Labor Certification process for EB visas:

  1. Determination of Job Requirements:
      • The U.S. employer must determine the job requirements for the position they intend to fill with a foreign worker.
      • The employer should clearly define the job duties, educational qualifications, experience, and skills required for the position.
  1. Recruitment:
      • The employer is required to conduct recruitment efforts to test the U.S. labor market. This typically involves advertising the job opening in various mediums to attract qualified U.S. workers.
      • Recruitment efforts often include placing advertisements in local newspapers, posting the job on the employer’s website, and using state workforce agencies.
      • The employer may also be required to engage in other recruitment methods, such as job fairs or job postings with relevant professional organizations.
  1. Prevailing Wage Determination:
      • The employer must request a prevailing wage determination (PWD) (Form ETA 9141) from the U.S. Department of Labor (DOL).
      • The PWD specifies the minimum wage that must be offered to the foreign worker for the position, ensuring that the offered wage does not undercut the local labor market.
    1. Filing the Labor Certification Application ( Form ETA 9089):
      • After completing the recruitment process and obtaining the PWD, the employer files a Labor Certification Application, often referred to as Form ETA 9089, with the DOL.
      • The application includes detailed information about the job position, recruitment efforts, and the foreign worker’s qualifications.
  1. DOL Review and Certification:
      • The DOL reviews the Labor Certification Application to ensure that the recruitment process was conducted properly and that there are no qualified U.S. workers available for the job.
      • If the DOL approves the application, it issues a Labor Certification, certifying that there is a labor shortage for the specific position.

NIW Visa ( EB-1C Visas ) Requirements

The EB-2 National Interest Waiver (NIW) is a specific subcategory within the EB-2 visa category that allows foreign nationals to apply for a U.S. immigrant visa without the need for a job offer or labor certification. To qualify for an EB-2 NIW visa, you must meet certain requirements and demonstrate that your work is in the national interest of the United States. Here are the key requirements for an EB-2 NIW visa:

  1. Advanced Degree or Exceptional Ability: To be eligible for an EB-2 NIW visa, you must fall into one of the following categories:
      • Hold an advanced degree (master’s degree or higher) or its equivalent, or
      • Possess exceptional ability in your field, which means you have a high level of expertise and recognition in your area of work.
  2. National Interest Requirement: You must demonstrate that your work is of “national interest” to the United States. This typically involves showing that your work benefits the United States as a whole in one of the following ways:
      • Improves the U.S. economy.
      • Advances U.S. healthcare or medical research.
      • Benefits U.S. education or academia.
      • Addresses a significant problem or issue of national importance.
      • Serves the national defense or security interests of the United States.
  3. Self-Petition: Unlike other EB-2 categories, the EB-2 NIW allows you to self-petition, meaning you do not need an employer to sponsor you. You can file Form I-140 (Immigrant Petition for Alien Worker) directly with U.S. Citizenship and Immigration Services (USCIS).
  4. Labor Certification Waiver: You do not need to go through the labor certification process, which is typically required for employment-based visas. This waiver streamlines the application process.
  5. Job Offer Not Required: You are not required to have a job offer from a U.S. employer to apply for the EB-2 NIW visa. However, having a job offer can strengthen your case.

It’s important to note that the EB-2 NIW category is highly competitive, and the evidence you provide must be persuasive and clearly demonstrate that your work benefits the national interest.

Please visit  NIW  page for details. 

USCIS Processing - Form I-140

The processing time for an EB-2 visa through U.S. Citizenship and Immigration Services (USCIS) can vary depending on several factors, including your country of origin, the specific USCIS service center handling your case, and the current caseload. Here is an overview of the general steps and processing times for an EB-2 visa through USCIS:

  1. Form I-140 Petition: The first step is to file an Immigrant Petition for Alien Worker (Form I-140) with USCIS. This form is typically filed by your U.S. employer, and it establishes your eligibility for the EB-2 category. USCIS will review the petition to ensure that you meet the eligibility criteria.
      • Processing time: USCIS processing times for Form I-140 can vary but generally range from several months to over a year. You can check the USCIS website for current processing time estimates for your specific service center.
  2. Premium Processing (Optional): USCIS offers a premium processing service for certain visa categories, including the EB-2. For an additional fee, USCIS will expedite the processing of your Form I-140 within 15 calendar days (as opposed to approximately 6-9 months with standard processing).

Priority Date & Visa Bulletin

  • Visa Bulletin: After USCIS approves your Form I-140, your priority date (the date of filing your petition) becomes important. You must wait for a visa number to become available based on the Visa Bulletin published by the U.S. Department of State. The availability of visa numbers depends on your visa category and country of chargeability.

Consular Processing

If the alien does not live in the U.S., they will have to submit:

        • The DS-260 Immigrant Visa Application,
        • Supporting documents,  and
        •  Attend an interview with the U.S. Consulate in their country.  

Upon approval, the alien will be able to enter the U.S. as a permanent resident.

Adjustment of Status

If the alien already lives in the U.S. they will have to submit a Form  I-485 ( Application for Adjustment of Status). Upon approval, they will have permanent resident status in the U.S.

Important Links for Related Visas:

Please click the links below to learn the details about other work visas.

Immigrant Visas:

  1.  EB-1 Visas  (Employment-Based First Preference)
  2.  EB-2 Visas (Employment-Based Second Preference)
    1. NIW ( National Interest Waiver)
  3.  EB-3 Visas (Employment-Based Third Preference) 
  4.  EB-4 Visas (Employment-Based Four Preference)

Non-immigrant Temporary Work Visas:

  1. H-1B Visas (Workers in a specialty occupation)
  2. R1 Visas (Religious workers)
  3. L-1A Visas (Intracompany transferees in managerial or executive positions)
  4. L-1B Visas (Intracompany transferees in positions utilizing specialized knowledge)
  5. TN Visas (North American Free Trade Agreement (NAFTA) temporary professionals from Mexico and Canada)

Immigrant Visas:

EB-1 Visas (Employment-Based First Preference)
EB-2 Visas (Employment-Based Second Preference)
NIW ( National Interest Waiver)
EB-3 Visas (Employment-Based Third Preference)
EB-4 Visas (Employment-Based Four Preference)
Non-immigrant Temporary Work Visas:

H-1B Visas (Workers in a specialty occupation)
R1 Visas (Religious workers)
L-1A Visas (Intracompany transferees in managerial or executive positions)
L-1B Visas (Intracompany transferees in positions utilizing specialized knowledge)
TN Visas (North American Free Trade Agreement (NAFTA) temporary professionals from Mexico and Canada)

Our Expertise and Services

Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
Petition Filing: Our team will handle the preparation, filing, and tracking of your family visa petition, advocating for your loved one’s immigration rights at every step of the process.
Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings

Follow-up Assistance:

After the visa/petition is approved, we offer guidance on the next steps, including adjustment of status or consular processing, to help your family members smoothly transition to life in the United States.

At Mehran Law, We understand the importance of keeping families together, no matter where they come from. Our dedicated team of experienced immigration attorneys and paralegals will be navigating the complex process of USA family visas, ensuring that you can bring your loved ones closer to you.

Immigration Law can vary from person to person and also be very complex. You should always contact an experienced immigration attorney before filing a petition or making a decision. Contact us at 470-800-9213 or [email protected] for a free consultation.

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