EB-2 Visa: Benefits, Costs, Processing Times & More

The EB-2 Visa is a second preference, employment-based visa for foreign nationals. This immigration pathway often requires U.S employer sponsorship, a valid job offer, and a labor certification application.

The United States Citizenship and Immigration Services (USCIS) offers an EB2 Visa status, which can be used to apply for a Green Card, providing the holder with a lawful permanent resident status.

The EB-2 has various benefits, including career flexibility, faster processing, and easier travel. “It allows you to take control of your own immigration,” explains Patricia Casaburi, the Managing Director at Global Citizen Solutions.

Navigating the immigrant petition involves a time-consuming application process, but we are here to help. This article offers detailed guidelines on eligibility criteria, costs, civil documents, and more.

Read more about:

• Eligibility requirements
• Total costs
• Processing times

What is EB2 Visa in USA?

The EB-2 Visa is an immigrant visa for non-US citizens with exceptional ability or an advanced degree. It is a pathway to a Green Card, allowing successful applicants to gain lawful permanent residence.

The EB2 is available in two sub-categories:

• Advanced degree professional: It prioritizes applicants with a bachelor’s degree, master’s degree, or higher, plus five years of progressive work experience in a specific field.
• Exceptional ability: It indicates extraordinary abilities well beyond what is typically found in the sciences, arts, or business. You must also fulfill any conditions outlined in the labor certification.

A US sponsor must secure a permanent employment certification (PERM) prior to filing the immigrant petition. However, this prerequisite can be avoided by filing National Interest Waiver petitions (EB-2 NIW).

EB-2 Visa Benefits

The EB2 Visa provides many advantages, such as:

• Ability to gain a permanent resident card (Green Card)
• Broader eligibility, with option for self-petition
• Family sponsorship
• Access to in-state college tuition fees
• High mobility and travel options

According to the GCS Global Residency and Citizenship report, the United States is one of the top destinations for immigration migration, taking the 18th spot in overall ranking. It is a popular country due to its high quality of life and various investment opportunities.

EB2 Visa Requirements

To meet the eligibility criteria, the U.S employer must apply for a PERM labor certification unless the foreign national has secured a National Interest Waiver (NIW).

The EB-2 Visa requires foreigners to fall under one of the following categories:

• Exceptional ability
• Advanced degree
• National Interest Waiver (NIW)

Each category has its own requirements and documentation for the application process.

Exceptional ability

To qualify for the EB-2 Visa, the applicant must possess exceptional ability in the sciences, arts, or business. They meet the labor certification requirements outlined by the US Government.

For example, applicants who qualify for exceptional ability can include visual artists, engineers, architects, physical therapists, mental health experts, lawyers, doctors, etc.

Advanced degree

Foreign professionals must deliver an official academic record showing an advanced degree, certificate, diploma, or equivalent foreign degree. For example, a Bachelor’s degree in Computer Science would be an excellent fit for a Data Scientist.

The EB-2 Visa also requires a letter from a former or current employer indicating five consecutive years of work experience after obtaining the degree.

National Interest Waiver (NIW)

The EB-2 National Interest Waiver is another employment-based immigrant visa designed for foreigners whose work is considered of national interest in the United States. Applicants must demonstrate national importance and substantial merit.

The National Interest Waiver (NIW) doesn’t require a permanent labor certification application. Foreigners can self-petition without a U.S sponsor; in other words, they can apply on their own behalf.

How much does EB-2 Visa cost?

Here’s a quick overview of the latest fees for the EB-2.

For people applying from inside the United States:

1. Form I-140 (Immigrant Petition for Alien Worker):
   • Immigrant cost: $235
   • Filing fee: $715 (usually covered by the sponsor)
2. Form I-485 (registering permanent residence or adjusting status):
   • Filing fee: $1,440

For people applying from a foreign country:

1. Form I-140 (Immigrant Petition for Alien Worker):
   • Filing fee: $715 (usually covered by the sponsor)
2. Form I-864 (Affidavit of Support):
   • Filing fee: $120
3. Form DS-260 (online Green Card application):
   • Filing fee: $345

Note: Additional fees, such as optional premium processing ($2,805), medical exam fees ($200-$500), and legal services, can increase the total costs.

EB2 Visa Processing Time

Upon approval from a USCIS officer, you will receive an EB-2 Visa status, allowing you to live in the United States as a permanent resident. Whether you go through consular processing or adjust your status from within the U.S., the average processing period takes around 9 months.

The EB-2 Visa requires about 18 months to process fully, but it can take a couple of years. The waiting period varies on a case-by-case basis. According to the USCIS processing times tool, Form I-140 requires roughly 7.6 months. Premium processing expedites the application and reduces the waiting time to 15 days. The priority date marks your position in the Green Card approval timeline.

If you submit your visa application from a foreign country, your case will be moved to the National Visa Center (NVC), which will schedule an interview. The turnaround time will vary depending on your home country.

How to apply for the EB-2 Visa?

The application process involves a couple of steps.

1. Get a PERM labor certification. Your US sponsor must obtain a PERM labor certification from the Department of Labor. This is done a year before filing your immigration petition.
2. Collect the necessary documents. After obtaining a labor certification, applicants must submit evidence of exceptional ability or an advanced degree. The sponsor will also need A Standard Occupational Classification (SOC) and a North American Industry Classification System (NAICS) code.
3. File the Form I-140. The sponsor will file the immigrant petition, pay the filing fees, and deliver it to the United States Citizenship and Immigration Services (USCIS).
4. Attend appointments. The USCIS may schedule an interview or a biometrics appointment. Successful applicants receive an interview notice that includes the relevant location and date, as well as a list of additional documentary evidence. Bring these documents to your interview.
5. Prepare and file your application for a Green Card. After Form I-140 gets approved, foreign nationals can apply to get a Green Card, which makes them a lawful permanent resident.

Note: Check the visa availability before applying. EB-2 employment-based immigrant visas have an annual numerical limit. While the EB-2 is open to all nationalities, only 7 percent of those Green Cards can go to people from a single country annually.

Why work with Global Citizen Solutions?

Global Citizen Solutions is a boutique investment migration consultancy firm focused on finding the right residency or citizenship by investment program for individuals wishing to secure their future and become global citizens. With offices in Portugal, the United Kingdom, Hong Kong, and Brazil, our multilingual team guides individuals and families from start to finish, providing expert advice considering freedom, mobility, taxation, and security.

• We have helped hundreds of clients from 35+ countries in all the top Residency by Investment and Citizenship by Investment programs. With an in-depth and comprehensive understanding of the area, we provide our clients with solid guidance. We have a team of immigration lawyers, and immigration advisers specialized in US immigration.
• Our team has never had a case rejected. Our 100 percent approval rate sets us apart from our competitors and guarantees that you can expect a successful application.
• Our transparent pricing covers all the processes from opening your bank account, document certification, and legal due diligence to investment and submission. As there is one fee for the entire process, you can be confident that you will not face any hidden costs later.
• All data is stored within a GDPR-compliant database on a secure SSL-encrypted server. You can be safe knowing that your personal data is treated with the utmost security.
• Global Citizen Solutions provides an all-encompassing solution. Our support can continue even after you receive your passport. We offer additional services such as company incorporation, Trusts, and Foundations formation.
• The BeGlobal Onboarding System® allows you to access the status of your application every step of the way, something that sets us apart from our competitors.

Frequently Asked Questions About EB-2 Visa

Who is eligible for EB2 Visa?

The EB-2 preference category is available for professions holding advanced degrees, exceptional ability in the sciences, arts, or business, or those who qualify for a National Interest Waiver (NIW). Unless applying via an NIW, the EB-2 Visa requires a labor certification process.

How hard is it to get an EB2 Visa?

Getting an EB-2 Visa is difficult but achievable. Government agencies set high standards, especially regarding the labor certification requirement or other comparable evidence. If your expertise significantly aligns with the EB-Visa requirements, you are more likely to get approved.

How long is an EB-2 Visa valid for?

The EB-2 preference category for highly qualified foreigners is often valid for up to ten years. However, the duration can vary based on the applicant’s home country and the issuing consulate. Once you receive your Green Card, you don’t need to renew the visa itself. But you can renew the Advance Parole travel or Employment Authorization Document (EAD) if issued.

How much does EB2 cost?

The total cost of EB-2 includes multiple fees. For foreign nationals with regular processing, these include Form I-140 ($715) for self-petitioners, Form DS-260 ($345), and Form I-864 ($120) for the Affidavit of Support. Other costs to expect are $300 for a small employer, $600 for a regular petitioner, or $0 for a non-profit organization.

What is the salary requirement for EB-2 visa?

There are no strict salary requirements for EB-2 employment-based immigrant visas. However, you must meet the “prevailing wage” criteria determined by the US Department of Labor. This means wages are higher than or equal to the average market rate according to your job or location.

Does EB2 Visa give you Green Card?

The EB-2 Visa does lead to a Green Card or permanent residency. When you apply for an EB-2 Visa, you plan to live and work in the United States. After your application is approved, you can file for an adjustment of status or consular processing to receive your Green Card. You can apply for naturalization in five years and become a U.S. Citizen. After all, many people are looking for a Plan B passport to boost their career prospects.

What is the difference between EB-2 and EB-2 NIW?

Both EB-2 and EB-2 NIW are employment-based visas, but the main difference is in the requirements. Standard EB-2 requires a job offer and a permanent labor certification (PERM). The EB-2 National Interest Waiver (NIW) is a self-petition immigrant visa designed for applicants whose work holds national importance and substantial merit, benefiting the job market.

Can I bring my family members to U.S. on EB-2 Visa?

Yes, EB-2 Visa holders could sponsor their immediate family members to immigrate to the United States. Your spouse can apply for an E-21 visa, while unmarried children under 21 can apply for an E-22 visa. Your spouse can get a work permit (Employment Authorization Document) to work legally, while children can attend school but cannot work.

What are the disadvantages of EB2 Visa?

The EB-2 Visa, a type of employment-based immigration, has drawbacks. Applicants must prove expertise significantly above that ordinarily encountered, which can be difficult. Most require labor certification, and the process is lengthy. It’s also tied to a specific job, limiting flexibility unless applying through the National Interest Waiver (NIW).

Can you get U.S. Citizenship on an immigrant visa?

Not directly. First, you must obtain a Green Card, which is available via the EB-2 Visa. After five years and meeting the eligibility requirements, you can apply for U.S. Citizenship. The United States allows dual citizenship, so you can use this opportunity to get a second citizenship if your home country allows it.