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The EB-2 visa is designed for professionals with advanced degrees or exceptional abilities in their field who seek to immigrate to the United States for employment purposes.
To be eligible, individuals must meet one of the following criteria:
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1. Have an Advanced Degree: Individuals who have a level of expertise indicating that they are one of the small percentages who have risen to the very top of their field.
2. Prove to Have an Exceptional Ability: Individuals may be evidence their ability by academic achievements, professional licenses or certifications, publications, awards, and other relevant documentation. They must also have a valid job offer from a U.S. employer and meet the requirements for the specific job position.
3. Be a National Interest Waiver (NIW) Applicant: Individuals who can demonstrate that their work is in the national interest of the United States may be eligible for a National Interest Waiver. This allows them to bypass the job offer requirement and the labor certification process. They must show that their work has substantial merit and national importance, and that they are well-positioned to advance their work in their field.
Overall, the EB-2 visa is designed for individuals who possess advanced skills or abilities that are in demand in the United States and who have the potential to contribute significantly to the U.S. economy or society.
Some examples of professionals who may qualify for an EB-2 Visa include:
- Engineers: Civil, mechanical, electrical, software, and other specialized engineers with advanced degrees or exceptional ability.
- Doctors: Physicians, surgeons, and other medical professionals with advanced degrees or exceptional ability.
- Researchers and Scientists: Individuals conducting groundbreaking research in fields such as biology, chemistry, physics, and other scientific disciplines.
- Educators: University professors and researchers with advanced degrees or exceptional ability in their field.
- Artists and Performers: Musicians, actors, dancers, and other artists with exceptional ability and significant achievements in their field.
- Business Professionals: Executives, managers, and entrepreneurs with advanced degrees or exceptional ability in business-related fields.
- EB-2(A): Advanced Degree Professionals: This subcategory is for individuals with an advanced degree (master's degree or higher) or its equivalent, or a bachelor's degree plus five years of progressive work experience in the field.
- EB-2(B): Exceptional Ability: This subcategory is for individuals with exceptional ability in their field, which may be evidenced by academic achievements, professional licenses or certifications, publications, awards, and other relevant documentation.
- EB-2(C): National Interest Waiver (NIW): This subcategory allows individuals to bypass the job offer requirement and the labor certification process if they can demonstrate that their work is in the national interest of the United States.
For better understanding of the EB-2 visa subcategories and your eligibility, contact the Law Offices of Alice Antonovsky today!
The National Interest Waiver (NIW) is a special provision that allows certain professionals to bypass the labor certification process and the requirement of a job offer. This is only possible if applicants can demonstrate that their work is in the national interest of the United States.
The NIW is particularly beneficial for those in fields such as:
- Scientific research and development
- Medicine and healthcare
- Engineering
- Information technology
- Environmental science
- Business and entrepreneurship
The EB-2 visa offers several benefits to qualified applicants:
- 1. Pathway to Permanent Residency: One of the primary benefits of the EB-2 visa is that it provides a pathway to permanent residency (Green Card) in the United States. This allows individuals to live and work permanently in the U.S. and eventually apply for citizenship, if desired.
- Employment Authorization:Once the EB-2 petition is approved and the applicant's priority date becomes current, they may be eligible for employment authorization while awaiting the final adjudication of their adjustment of status application or while processing their immigrant visa through consular processing.
- Adjustment of Status or Consular Processing: Once the I-140 petition is approved, the next steps depend on whether the individual is already in the U.S. or is residing abroad:
- If in the U.S., they may apply for adjustment of status (Form I-485) to become a permanent resident.
- If outside the U.S., they may apply for an immigrant visa at a U.S. consulate or embassy through consular processing. - Ability to Bring Dependents: EB-2 visa holders can bring their spouse and unmarried children under the age of 21 to the United States as dependents. Dependent family members are also eligible for work authorization.
- Flexibility in Employment: While the initial job offer must be from a U.S. employer, EB-2 visa holders may be able to change employers or positions under certain circumstances without jeopardizing their green card status.
- No Labor Certification (NIW): Individuals applying for the EB-2 visa under the National Interest Waiver (NIW) category can bypass the labor certification process, which can save time and effort in the application process.
- Eligibility for Certain Benefits and Programs: As lawful permanent residents of the United States, EB-2 visa holders may be eligible for various benefits and programs, including access to healthcare, education, and certain government services. They may also be eligible for certain federal financial aid programs for education.
- Potential for Career Advancement: The EB-2 visa is designed for individuals with advanced degrees or exceptional abilities, which can open up opportunities for career advancement and professional development in the United States.
Overall, the EB-2 visa offers a valuable opportunity for skilled professionals and individuals with exceptional abilities to pursue their career goals and establish long-term residency in the United States.
Here is an overview of the process for applying for an EB-2 visa:
Labor Certification (if applicable):In most cases, employers must obtain a labor certification from the U.S. Department of Labor (DOL). The labor certification process requires the employer to demonstrate that there are no qualified U.S. workers available to fill the position being offered to the foreign worker. Note: individuals applying under the National Interest Waiver (NIW) category can bypass this step.
Job Offer:The applicant must have a job offer from a U.S. employer that is willing to sponsor them for the EB-2 visa. The job offer must be for a position that requires an advanced degree or exceptional ability in the field.
File Form I-140: Once the labor certification (if required) is approved, the employer can file Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). This form requires supporting documentation, such as educational credentials, employment history, and evidence of exceptional ability.
Priority Date: USCIS assigns a priority date to the immigrant petition based on the date it receives the Form I-140. The priority date establishes the applicant's place in line for an immigrant visa, as visa numbers are limited each fiscal year.
Visa Bulletin: Applicants must monitor the Visa Bulletin published monthly by the U.S. Department of State to check if their priority date is current. When the priority date becomes current, it means that a visa number is available, and the applicant can proceed with the next steps.
Adjustment of Status or Consular Processing: If the applicant is already in the United States, they may apply for adjustment of status (Form I-485) to obtain permanent residency. If the applicant is outside the United States, they must go through consular processing to obtain an immigrant visa at a U.S. consulate or embassy in their home country.
Approval and Issuance of Green Card: If the application is approved, the applicant will receive their green card, granting them permanent residency in the United States.
