For EB-2 visa, the applicant must have a labor certification approved by the Department of Labor. A valid job offer is essential and the U.S. employer must file an Immigrant Petition for Alien Worker, Form I-140, in the best interests of the applicant. Applicants are allowed to apply for an exemption, known as a National Interest Waiver, from the job offer and labor certification if the exemption are in the national interest. In such situation, the applicant can self-petition by filing the Immigrant Petition for Alien Worker, Form I-140, along with evidence of the national interest. Professionals with Advanced Degrees and Individuals of Exceptional Ability receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas.
There are two subgroups within this category:
Applicants require a labor certification and must meet minimum requirements depending on the category to qualify for the EB 2 employment based immigrant visa.
an advanced degree or its equivalent is required, which is a bachelor’s degree and five years of study relevant work experience.
Acceptable documentation includes:
You are required to show brilliant ability in the sciences, arts, or business, which will significantly boost the U.S. economy, cultural or educational interests, or wellbeing in the future. “exceptional ability” refers having a degree of skill significantly above that generally found in the sciences, arts, or business.
National Interest Waiver
If you are wishing that USCIS waive the job offer requirement because it is in the best interest of the United States, you may be considered to file a petition in your own behalf. You may do this whether you pursue to categorize yourself as a member of an occupation who has an advanced degree or if you have an exceptional ability.Source: U.S. Department of State
How to File An Application For EB-2 Visa USA?
Your employer must:
You can create USCIS online account here.
After You File
Basic documents to apply for EB-2 visa may include:
Once the NVC makes a decision on the file, they schedule the applicant’s interview appointment.
Family of EB-2 Visa Holders
If your I-140 petition is accepted, your spouse and depended children (must be unmarried) under the age of 21 may be eligible to apply for admission to the United States in E-21 and E-22 immigrant status, correspondingly. The family application should go separately and separate application fees must be paid in order to submit.Source: U.S. Department of State