Are you someone with exceptional ability or advanced degrees looking to immigrate? Then the EB-Visa may be the perfect choice. The EB-2 is an immigrant visa for employment-based immigration. Foreign nationals use it to apply for a Green Card and gain a lawful permanent resident status in the United States.

To obtain an EB2 Visa status, you only need a US employer sponsorship, a valid job offer, and a labor certification application. For the EB-2 NIW (National Interest Waiver), a subtype of the EB-2, you can bypass the job offer and labor certification for faster processing times.

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, CEO 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:

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 (National Interest Waiver) is a subtype of the EB-2 standard visa that allows you to self-petition without a job offer or labor certification.

EB-2 Visa: Quick Overview 

Visa type 
Employment-based, second preference
Qualified applicants 
People with exceptional ability or advanced degrees
PERM Labor Certification 
Required (unless applying for National Interest Waiver)
Green card 
Yes, upon approval
Processing time 
9 months or over (varies by case and location)
Common occupations 
Engineers, doctors, professors, researchers, data scientists, economists, etc.

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 US 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 US sponsor; in other words, they can apply on their own behalf. An Immigration attorney can compile all the documents and supporting evidence to boost your case with the USCIS Officer.

How much does EB-2 Visa cost?

person on laptop researching EB-2 visa

The total EB-2 Visa process comes with multiple government fees. For a standard EB-2, the employer pays the petition fee for Form I-140 ($715) and a new Asylum Program Fee, which is $600 for larger employers and $300 for small employers or $0 for a non-profit organization. The USCIS immigrant fee for petitions for Alien workers costs $235.

If the foreign national applies outside the US (consular processing), they will pay the Form DS-260 fee ($345). Those who adjust status within the US (Form I-485) pay a separate fee for that application at about $1,440. In most cases for the EB-2 Visa, where the employer is a large corporation, you don’t need an I-864 Affidavit of Support.

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

Thetotal processing time for EB-2 Visa is divided into three separate stages: the immigrant petition (Form I-140), PERM labor certification, and adjustment of status (or immigrant visa application).

The average processing period is about 18 months for immigrant petitions, sometimes taking a couple of years due to backlogs for applicants from countries such as India and China. Premium processing expedites the status application and reduces the waiting time to 15 days for standard EB-2 I-140s and 45 business days for EB-2 National Interest Waiver (NIW).

The priority date marks your position in the Green Card approval timeline. Since limited visas are available, the priority date acts as a “reservation” date for your immigrant visa number. If the Visa Bulletin shows “C” for your category or country, it means the visa numbers are available and you can continue with your final Green Card application.

Upon approval from an officer at USCIS (US Citizenship and Immigration Services), you will receive an EB-2 Visa status, allowing you to live in the United States as a permanent resident. The waiting period varies on a case-by-case basis.

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.

Note: Every year from 1 October to 30 September, the US immigration law provides about 140,000 employment-based immigrant visas divided into five preference categories. If the demand exceeds the available visas, you will experience longer processing times.

Pros

Cons

– Broader eligibility, option for NIW – Fast-track residency – Family benefits
– Strict qualification requirements – Complex apllication process – Job dependency (in most cases)

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.

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.

How Can Global Citizen Solutions Help You?

Global Citizen Solutions is a boutique migration consultancy firm with years of experience delivering bespoke residence and citizenship by investment solutions for international families. With offices worldwide and an experienced, hands-on team, we have helped hundreds of clients worldwide acquire citizenship, residence visas, or homes while diversifying their portfolios with robust investments. 

We guide you from start to finish, taking you beyond your citizenship or residency by investment application. 

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