EB-2 visa

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The EB-2 visa is an employment-based immigrant visa category in the United States designed for individuals who possess advanced degrees or exceptional ability in their field. The EB-2 visa category is divided into two main subcategories:

  1. EB-2A (Advanced Degree Professionals):
    • This subcategory is for individuals with an advanced degree (master’s degree or higher) or a baccalaureate degree plus at least five years of progressive work experience in their field. The job must require an advanced degree for entry.
  2. EB-2B (Exceptional Ability):
    • This subcategory is for individuals who have exceptional ability in the sciences, arts, or business. “Exceptional ability” means a degree of expertise significantly above that ordinarily encountered in the individual’s field.

National Interest Waiver (NIW):

  • A subset of the EB-2 category is the National Interest Waiver. The NIW allows applicants to request that the labor certification requirement be waived because it is in the national interest of the United States. This means the applicant does not need a job offer and can self-petition.

Key Requirements and Process:

  1. Labor Certification:
    • Typically, the EB-2 visa requires a labor certification from the U.S. Department of Labor. This process involves the employer proving that there are no qualified U.S. workers available for the position.
    • For the NIW, this requirement is waived.
  2. Form I-140:
    • The employer (or the applicant, in the case of the NIW) must file Form I-140, Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). This form demonstrates that the applicant meets the requirements for the EB-2 category.
  3. Adjustment of Status or Consular Processing:
    • After the I-140 petition is approved, if the applicant is in the U.S., they can file for Adjustment of Status (Form I-485) to become a lawful permanent resident. If they are outside the U.S., they must go through consular processing to obtain an immigrant visa.

Benefits of the EB-2 Visa:

  • Provides a pathway to permanent residency (green card) for the applicant and their immediate family members (spouse and unmarried children under 21).
  • The National Interest Waiver allows for self-petition, which can be advantageous for individuals with significant achievements or contributions in their field.

Typical Candidates for EB-2 Visa:

  • Individuals with advanced degrees or the equivalent.
  • Professionals such as doctors, lawyers, engineers, and professors.
  • Individuals with exceptional ability in fields like science, technology, arts, or business.
  • Researchers and academicians with significant contributions to their field.

The EB-2 visa category is popular among highly skilled professionals and those who can demonstrate their exceptional contributions to their field or the national interest of the United States.

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