EB2 Visa Comprehensive Guide : All You Need to Know

The EB2 visa comes with specific eligibility criteria that vary depending on the category under which you apply. My team and I are here to assist you in determining if you meet these requirements.

Requirements for the EB2A Category:

1. Advanced Degree or Equivalent

   • You must hold a master’s degree or higher.
   • If you only have a bachelor’s degree, you must also possess at least five years of progressive work experience in increasingly responsible positions.

2. Valid Job Offer

   • A job offer from a U.S. employer willing to sponsor you is required.

3. Relevance to Field of Expertise

   • The job offer must be directly related to your academic qualifications or professional experience.

Requirements for the EB2B Category:

1. Exceptional Ability

   • You must demonstrate exceptional ability in the sciences, arts, or business by meeting at least three of the following:
     • A degree in your field of expertise.
     • A minimum of 10 years of full-time work experience in the field.
     • A license or certification to practice in the field.
     • Evidence of a salary indicative of exceptional ability.
     • Membership in a professional association in your field.
     • Recognition by peers or experts in your field.
     • Other comparable evidence of exceptional ability.

2. Valid Job Offer

   • You must have a job offer from a U.S. employer willing to sponsor you.

3. Relevance to Area of Exceptional Ability

   • The job duties must align with your demonstrated exceptional ability.

Requirements for the EB2C Category:

1. Meeting Exceptional Ability Standards

   • Similar to the EB2B category, you must satisfy at least three of the following:
     • A degree in your field.
     • A minimum of 10 years of full-time work experience.
     • A license or certification to practice in the field.
     • Evidence of a salary that reflects exceptional ability.
     • Membership in a professional association.
     • Recognition by experts or peers in your field.
     • Other comparable evidence of exceptional ability.

2. National Interest Waiver

   • You must demonstrate that your work benefits the national interest of the United States.
   • Unlike EB2A and EB2B categories, you do not need a job offer or employer sponsorship.

3. Self-Petitioning Option

• Applicants can self-petition under the EB2C category, which eliminates the need for a PERM labor certification process.
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If you have further questions about these categories or need assistance with your application, feel free to reach out to my team for expert guidance.

4. EB2 Visa process

The EB2 visa application process involves several steps. Below is a general outline of the process, with each step explained in detail. If you have any questions about this process, my team and I are here to assist you.

Steps in the EB2 Visa Process

• PERM Labor Certification
• Complete and Submit Form I-140
• Final Green Card Interview (either at a U.S. Consulate or with USCIS)

PERM Labor Certification

For EB2A and EB2B visas, an employer sponsor is required to initiate your application. If you’re applying under the EB2C category, you can self-petition and skip this step. For EB2A and EB2B applicants, your employer must obtain a PERM labor certification.

The PERM labor certification ensures that hiring a foreign worker does not negatively impact U.S. workers or the job market. This certification must be approved before moving to the next step. It involves submitting Form ETA 9089 to the Department of Labor (DOL).

Steps to Obtain PERM Certification:

1. Valid Job Offer
   The sponsoring company must extend a legitimate job offer to the beneficiary.
2. Prevailing Wage Determination
   The company must request a prevailing wage determination from the DOL, which sets the minimum salary that must be offered for the position.
3. Proof of Unavailability of U.S. Workers
   The company must demonstrate that no qualified American workers are available to fill the position. This involves a rigorous recruitment process.

Recruitment Process for PERM:

• Submit a job order to the State Workforce Agency (SWA), keeping it active for at least 30 days.
• Place two Sunday advertisements in a widely circulated newspaper in the job location. One of these can be substituted with an ad in a relevant professional journal.
• Additionally, advertise through at least three of the following methods:
  • Job fairs
  • Company website
  • Online job boards
  • School campuses
  • Professional organizations
  • Private recruitment firms
  • Employee referral programs
  • Career offices on campuses
  • Radio or television ads
  • Secondary newspapers

All recruitment-related documents must be retained for three years in case of an audit.

Completing and Submitting Form I-140

Once the PERM labor certification is approved, the employer must file Form I-140, Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS).

The petition must be submitted to the USCIS service center corresponding to the employer’s location. Along with the form, you’ll need to include the filing fee and supporting documents, which are detailed in the sections on EB2 fees and required documentation.

Final Green Card Interview: U.S. Consulate or USCIS

If Applying at a U.S. Consulate:

Once Form I-140 is approved, you will receive Form I-797, which permits you to proceed with your EB2 visa application at a U.S. consulate. Your priority date determines when you can schedule your consular interview. This date depends on the visa bulletin and the number of applicants in your category. At the interview, a consular officer will assess your eligibility. If approved, you will receive your EB2 visa, granting permanent residency.

If Applying from Within the U.S.:

If you’re already in the United States, the process differs slightly. Once your Form I-140 is approved and your priority date is current, you can file Form I-485, Adjustment of Status, with USCIS. This form transitions your status to that of a lawful permanent resident. Once USCIS approves your adjustment of status, you’ll gain EB2 permanent residency without leaving the U.S.

Both pathways ultimately lead to the same result: EB2 permanent resident status in the United States.

5. What Documents are Required for an EB2 Visa?

When applying for an EB2 visa, a variety of documents may be needed to support your application. The exact requirements can vary based on individual circumstances. Below is a general list of commonly required documents, but it’s essential to tailor your submission to your specific situation. My team and I are available to assist you in identifying the necessary documents for your case.

• Proof of Academic Qualifications
  Documentation of your academic achievements, such as diplomas or transcripts.

• Publications or Articles
  Copies of articles or publications authored by you or written about you, showcasing your expertise and contributions to your field.

• Expert Endorsement Letters
  Reference letters from established professionals or experts in your industry, highlighting your skills, achievements, and qualifications.

• Employment Agreements
  Copies of contracts or agreements between you and your prospective employer, detailing the terms of your employment.

• Employment History Letters
  Letters from previous or current employers that verify your professional experience and outline your roles and responsibilities.

• Evidence of Innovation or Recognition
  Documentation of any grants, patents, or other recognitions that demonstrate your exceptional ability or advanced contributions to your field.