EB-2 Visa
Advanced Degree or Exceptional Ability
What is an EB-2 visa?
This is an employment-based visa available to people who are non-US residents and have an advanced degree or exceptional ability. It is the 2nd “preference” category of foreign nationals eligible for Green Cards based on their work. After getting this visa, a person becomes a lawful permanent US resident.
Before petitioning for an EB-2 visa, the employer or a sponsor has to apply for a PERM (permanent employment) certification via the Department of Labor, using Form 9089. This visa is not actually a green card but it will bring you on the right track to get a green card.
About 28.6% of total EB (employment-based) visas will be assigned for EB-2 visas. The number of applicants will be more than the visas available each year. Around 40,000 EB-2 visas will be provided yearly. Just 7% of EB-2 visas can be given to applicants from a specific nation. So, you will have to wait longer if you are a citizen of a nation with several applicants.
Types of EB-2 Visa
- EB-2(A)
- EB-2(B)
- EB-2(C)
EB-2 Visa Requirements
- For the EB-2(A) category, an applicant will require a master’s degree or above. A minimum of 5 years of work experience is essential if an applicant has just a bachelor’s degree. An applicant must have a valid job offer from a US employer or a company in the field where they have an advanced degree.
- For EB-2(B) category, an applicant requires an exceptional ability in business, science, or arts. It needs a valid job offer from a recognized US company in the field where an applicant has exceptional ability. He or she should meet at least 3 of the requirements given below –
- 10 years of full-time experience in the respective field
- Recognition from experts in the field.
- An academic degree and certificate or license to practice in the field.
- A wage suggestive of exceptional ability.
- Membership in a professional association pertinent to the respective field.
- Several equal proofs of exceptional ability.
- For EB-2(C) category, an applicant should fulfil three of the requirements mentioned above. They must prove that providing this type of visa to them will be in the national favor of the US. This visa doesn’t require a valid job offer and a sponsor. There is also no need to fill out the PERM labor certification.
EB-2 Visa Benefits
EB-2 Visa Processing Time & Fee
The processing time for an EB-2 visa application can differ based on several factors like when you’re applying, what is your particular case, and from which country you belong. You will get a PERM labor certification response about 6 months after filing. This duration may extend to a year when you’re subject to an audit.
After that, it requires processing and getting your petition (Form I-140) approved which takes around 6 months. Possibly, you have to pay for premium processing. Next, you’ve to wait for your priority date to interview a USCIS officer or a consular. This can be possible in several years or once your petition is returned.
The EB-2 visa application process fee includes a $700 I-140 filing fee; $750-$1140 I-485 filing fee, based on age; $85 biometrics fee; $230 DS-260 filing fee; $1440 premium processing fee; and other costs like a lawyer charges, translation, and photocopy. This cost is not fixed and is subject to change.
EB-2 Visa Benefits
An EB-2 visa is not the same as a Green Card however you can obtain it through EB-2 Visa Program to enjoy permanent residency status in the US. This employment-based visa provides an unconditional Green Card to entrepreneurs with some unique ideas. An applicant, who possesses an exceptional ability or advanced degree, can apply for a Green Card after successfully obtaining the EB-2 Visa. They may be eligible for US citizenship via the naturalization process after maintaining lawful permanent resident status for 5 years.