EB-2 Visa

EB-2

The EB-2 Visa, also known as the Employment Based Extraordinary Ability Green Card (Second Preference) is available to those with an advanced degree in the employer’s profession, or a foreign national with exceptional ability. Labor Certification is required for the EB-2 Visa, but can be waived if the foreign applicant can obtain a national interest waiver.

Within the EB-2 category are 3 sub-groups:

  • Advanced Degree: The foreign applicant must possess an advanced degree, or the foreign equivalent, generally a baccalaureate degree plus 5 years of progressive work experience in the field.
  • Expert Ability: The foreign applicant must be able to demonstrate exceptional ability significantly further than that ordinarily found in the sciences, arts, or business.
  • National Interest Waiver: The foreign applicant does not need an employer sponsorship, and petition that their employment in the United States would greatly benefit the nation. A labor certification is not required.

EB-2 Visa holders have legal permanent status, and are therefore able to apply to become United States citizens. The full EB-2 Visa requirements can be found here.

EB-2 Requirements

Foreign applicants applying for the EB-2 Green Card under the Exceptional Ability or National Interest Waiver sub-groups must meet a minimum of 3 of the following requirements.

  • Official academic record of a degree, diploma, certificate or comparable award from an academic institution pertaining to the foreign applicant’s area of exceptional ability.
  • Documentation indicating at least 10 years of full time experience in the foreign applicant’s occupation.
  • A license or certificate to practice in the foreign applicant’s occupation.
  • Evidence that the foreign applicant has received a salary commensurate with their level of exceptional ability.
  • Membership in a professional association.
  • Recognition of achievements in the foreign applicants industry by peers, government entities, professional or business organizations.
  • Any other comparable evidence of eligibility.

EB-2 Visa Cost

The total for an EB-2 Visa costs vary and are determined by the USCIS and the U.S. Embassy in the country of origin.

Foreign applicants can expect to pay for the following:

  • USCIS Form I-140 petition filing fee
  • USCIS Form I-485 petition filing fee
  • Form DS-260 processing fee
  • Medical examination fee
  • Fees to obtain supporting documents
  • Biometrics Fee
  • Attorney Fee

EB-2 Process

The process to obtaining an EB-2 Green Card is relatively simple compared to many other green card applications.

  1. The foreign applicant must obtain an employer to petition on their behalf if they are not applying for the National Interest Waiver.
  2. The petitioner files an I-140 form on behalf of the foreign applicant.
  3. Once the I-140 is approved, the foreign applicant must submit an I-485 application to register permanent residence.
  4. Once approved, the foreign applicant’s green card will be issued.
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