EB-2 Visa Eligibility: Find Out If You Qualify in 2023
Thinking of advancing your career and simultaneously creating a life in the United States? The EB-2 visa is an effective gateway for many highly-skilled foreign nationals to turn their dreams into reality however, the road can be bumpy if you’re not guided by a qualified immigration professional. In this guide, we’ll go over everything you need to know about EB-2 visa eligibility including frequently asked questions, how to prepare a compelling petition, the review process, USCIS requirements and more.
EB2 Visa Qualifications
The employment-based second preference category is for foreign nationals who have an advanced degree or exceptional ability. Those that get approved for EB-2 visas are considered to be lawful permanent residents. The steps prior to petitioning for the EB2 visa are for the sponsor (typically the employer) to apply for the PERM labor certification. The form used to apply through the Department of Labor is Form 9098 Application, Application for Permanent Employment Certification.
The Application for Permanent Employment Certification is designed to protect domestic workers while allowing foreign talent to fill specialized positions. In essence, the PERM labor certification ensures that no qualified U.S. worker is available for the job sought by the foreign national. The overall process requires the sponsoring employer to conduct a comprehensive recruitment campaign to demonstrate a genuine need for the foreign national’s skills and qualifications. Through documentation and adherence to strict guidelines, the PERM labor certification establishes a link between the employer’s labor needs and the exceptional abilities of the EB-2 visa applicant. It is the foundation that validates the significance of the foreign national’s expertise and paves the way for a successful EB-2 visa application, providing an opportunity for individuals with advanced degrees, exceptional abilities, or holding a national interest waiver to contribute their talents to the U.S. workforce.
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EB-2 Visa: Advanced Degree versus Exceptional Ability
The chart below outlines the difference in evidence required between the advanced degree subcategory and exceptional ability. If you opt for the advanced degree option the job you apply for must require an advanced degree or its foreign equivalent (a baccalaureate or foreign equivalent degree plus 5 years of post-baccalaureate, progressive work experience in the field). What’s more, you must meet any other requirements specified on the labor certification as applicable as of the priority date. The eligible evidence includes documents like an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty. To qualify under the exceptional ability subcategory, you must be able to show exceptional ability in the sciences, arts or business. The criteria to demonstrate as evidence is outlined in the chart below. You must meet at least three of the criteria. Discuss the best path with your immigration attorney.
National Interest Waiver Requirements
The EB2 PERM Labor Certification process can be bypassed by establishing that the foreign national qualifies for a national interest waiver. The National Interest Waiver (NIW) allows a foreign national to “self-petition,” and file an I-140 on behalf of himself/herself without the involvement of an employer and a labor certification application.
The primary requirement for the National Interest Waiver (NIW) is demonstrating that the proposed endeavor by the foreign national holds substantial merit and national importance. This merit can be established in various fields such as business, science, technology, health, culture, or education. While quantifiable evidence of economic impact is not mandatory, it can bolster your case.
It is important to note that meeting this requirement does not guarantee automatic approval, as each application will be evaluated individually by the US government.
The second NIW requirement entails the foreign national’s ability to advance the proposed endeavor. The Administrative Appeals Office (AAO) will consider factors such as educational background, experience, relevant skills, past achievements, current progress, and a well-defined plan for success.
Petitioners are not obligated to prove the success of their endeavor but rather to demonstrate their preparedness to make it successful if given the opportunity.
The final NIW requirement necessitates presenting evidence that the United States would benefit overall by waiving the job offer requirement for an EB-2 visa. “On balance” simply means that the advantages of waiving the job offer requirement outweigh the advantages of not waiving it.
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Step-By-Step Process
The EB2 visa criteria is outlined below:
- Employer files the PERM Labor Certification via the Program Electronic Management Review System (see NIW requirements if you wish to bypass this step). The employer must certify through the process that there are no qualified U.S. workers available for the position being offered.
- Employer conducts extensive recruiting process outlined in the PERM requirements.
- The Department of Labor will issue the PERM form if all requirements are met. (In 2023 the average time for PERM Labor Certification (carried out between the U.S.-based employer and the DOL) processing is about 4 months for preparation then 6 months for the application to be processed.)
- When the PERM form is received, the sponsoring employer filed Form I-140 – this is the petition for the EB-2 visa. Once the petition is received, the applicant must wait for his or her EB-2 priority date to be eligible to proceed to the next step. The priority date depends on when the application is received.
- FIle I-485, Application to Register Permanent Residence or Adjust Status
Have additional questions about EB-2 visa eligibility?
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Frequently Asked Questions
What is the EB2 visa education requirement?
The EB2 is for foreign nationals who have an advanced degree or exceptional ability. The section above outlines the specific EB2 educational requirements.
Is it hard to get an EB-2 visa?
It can be a complex process but with an experienced immigration team on your side, it can go quite smoothly.
When my priority date becomes current how long will it be to get a green card?
The best way to find out is to check your wait time by looking at the monthly Visa Bulletin. Look at the Employment-Based Preferences chart under the EB-2 category. The cutoff date is what you will compare to your priority date (when USCIS received or I-130 or when DOL received the labor certification from the employer). If on the Dates for Filing box chart, the section is marked “current”, that means your priority date is current and there are visas available. Once you see that it’s current you can contact the National Visa Center for moving forward.
How long will the total process take?
The processing time for your I-140 petition can vary significantly based on your country of origin and the specific service center handling your case. On average, the petition takes around six months to process. If you are required to obtain a PERM Labor Certification, the timeline can extend from eight months to two years, depending on whether your employer undergoes an audit following the recruitment process. Collaborating with an immigration attorney can help increase your chances of avoiding an audit. Expedite the process: You have the option to consider premium processing. This service, provided by USCIS for an additional fee of $2,500, expedites your petition processing time from approximately six months to 15 calendar days.
How much does an EB-2 visa cost?
The I-140 filing fee is $700 and you may also need to pay the additional $85 biometrics fee. The I-485 filing fee is dependent on the applicant’s age and can range from $750-$1,140. The DS-260 filing fee is $230 and the Affidavit of Support is $88.
How many years does it take to get a green card in EB2?
This will depend on a number of factors including the PERM Labor Certification, the service center processing your case, priority date and a number of other factros.
Can I apply for EB2 on my own?
You must have a job offer from a U.S. employer that requires an advanced degree or its equivalent, or exceptional ability in the sciences, arts, or business.
What is the criteria for EB-2 and EB-3?
This EB2 vs EB3 guide breaks down all the similarities between the two employment-based options.
Can my wife and children be eligible if I have an EB-2 visa?
If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may qualify to apply for entry into the United States under the E-21 and E-22 immigrant statuses, respectively.
