BUSINESS IMMIGRATION
Employment-Based 2nd Preference Immigrant Visa
The EB2, short for Employment-Based 2nd Preference, is an immigrant visa through which the ultimate goal results in the grant of U.S. permanent residency. This visa is for foreign nationals with advanced degrees or exceptional ability. Eligible persons for EB2 immigrant visa include those who:
- Hold an advanced degree or its equivalent
- Have exceptional ability in the sciences, arts, or business
- Have employment or exceptional ability that would greatly benefit the nation thus allowing the applicant to file a National Interest Waiver
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EB-2A Advanced Degree
To qualify, individuals applying for the advanced degree subcategory of the EB-2 visa must demonstrate possession of a US advanced degree or its foreign equivalent. Specific requirements for the EB-2A visa include:
- Applicant must have at least a master’s degree (or its equivalent), or a bachelor’s level degree with a minimum of five years of work experience. Note that not all advanced degrees are eligible. USCIS has issued regulations governing the type of advanced degrees it has determined to be acceptable to qualify for this type of visa.
- The job the applicant is applying for under the EB-2 visa must require an advanced degree or the equivalent qualifications.
- Individual labor certification from the Department of Labor on Form ETA-750.
EB-2B Exceptional Ability
Individuals applying for the exceptional ability subcategory of the EB-2 visa should be able to demonstrate their “exceptional ability”.
- “Exceptional Ability” is defined as “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business” in the United States. A person seeking to establish that they have “exceptional ability” must meet at least three of the criteria listed below:
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- Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
- Letters documenting at least 10 years of full-time experience in your occupation
- A license to practice your profession or certification for your profession or occupation
- Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
- Membership in a professional association(s)
- Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
- Other comparable evidence of eligibility is also acceptable
- In addition to establishing “exceptional ability” an individual seeking to apply for an EB-2 category visa must obtain an individual labor certification from the Department of Labor on Form ETA-750.
EB-2C National Interest Waiver
Those applying for either EB-2 visa subcategory may apply for a labor certification waiver if they believe their “exceptional ability” has value that is in the national interest of the United States. Such applications may be considered for:
- Physicians who agree to work full-time in areas where there is a shortage of healthcare professionals,
- Entrepreneurs that can establish that approval is in the government’s interest
Applicants applying for a National Interest Waiver must:
- Have a job offer, or
- May self-petition by filing the Immigrant Petition for Alien Worker, Form I-140, along with evidence of the national interest.
Frequently Asked Questions
What does EB-2 stand for?
EB-2 category is short for Employment Based 2nd Preference visa category.
How long does it take to get EB-2 visa?
Successful completion of this visa can take between 4 to 12 months depending on which visa center receives the application.
What is EB-2 Category?
This visa designation is given to a certain category of applicant that is seeking to apply for residency in the U.S. based upon their advanced degree, exceptional ability or occupation in an area that would be in the national interest of the United States.
How do you qualify for EB-2?
Eligible persons for EB-2 immigrant visa include those who:
- Hold an advanced degree or its equivalent, or
- Have an exceptional ability in the sciences, arts, or business
- Have employment or exceptional ability that would greatly benefit the nation thus allowing the applicant to file a National Interest Waiver
Which is better… EB-2 or EB-3?
Typically, the smaller the preference number (excluding EB-4 and EB-5), the easier the experience you will have to obtain a green card. If you qualify for both EB-2 and EB-3 visas, you should consider what country you are applying from to determine what category to apply under.
Those who are applying from highly-populated countries, such as from China or India may want to apply for an EB-2 visa over an EB-3 visa due to the shorter wait time. Yet, the approval for an EB-2 visa can be more difficult than obtaining approval for an EB-3 visa.
How long does it take for EB-2 to get a Green Card?
Since there are only a certain number of green cards available per category and per country, obtaining a green card through the EB-2 visa is often the longest part of this process. Depending on the country from which you are applying, there can be a wait of over 10 years, however, once USCIS processes and approves you I-485 you will obtain permanent residence in the United States.
How long does it take to get I-140 approval in EB-2?
Processing times range from 4 to 12 months depending upon the service center that has jurisdiction over the application.
Let one of our Atlanta immigration attorneys evaluate your case today.
Maybe a B1/B2 visa is your best option, or maybe you qualify for a visa to work or live permanently in the U.S. Contact our business immigration lawyers in Atlanta, and we will be happy to discuss your options with you.
