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.
Who Is It For
There are two subgroups within this category:
- Professionals with an advanced degree or a bachelor degree and at least five years extensive experience in the occupation.
- Individuals with exceptional ability in the sciences, arts, or business. The phrase “exceptional ability” refers having a degree of skill significantly above that generally found in the sciences, arts, or business.
How to Qualify?
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 must have a U.S. advanced degree (or a foreign equivalent degree); or
- you have a U.S. bachelor’s degree (or an overseas equivalent degree) and letters from current or former employers showing you have at least five years of study relevant work experience.
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.
How to File An Application For EB-2 Visa USA?
Your employer must:
- Review the guideline for Form I-140
- Complete and sign Form I-140;
- Pay the application fee, if applicable; and
- Submit all required supporting documents
You can create USCIS online account here.
After You File
- Once USCIS receive your Form I-140, we will process your petition, and you will receive a:
- Receipt from USCIS regarding your petition;
- Biometric services notice, if applicable;
- Notice to attend an interview
- Notice of our decision.
Basic documents to apply for EB-2 visa may include:
- Passport(s) valid for at least six months beyond the intended date of entry into the United States,
- Form DS-260, Immigrant Visa and Alien Registration Application.
- Preview a sample DS-260 (6.4MB).
- Two (2) 2×2 photographs. Read the required photo format explained in Photograph Requirements.
- Civil Documents for the applicant. The consular officer in the US embassy may ask for more information at the time of visa interview. Bring your genuine civil documents that includes ID documents, birth and marriage certificates, as well as legible photocopies of the genuine civil documents, and any required translations to your immigrant visa interview. Original documents and translations can then be given back to you.
- Financial Support – At your immigrant visa interview, you must show documents to the consular officer that you are not likely to become a public charge in the United States.
- Completed Medical Examination Forms – These are issued by the panel physician when you have successfully completed your medical and vaccination.
The EB-2 visa application fee is $460.
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