Applying for an EB-2 visa is a substantial journey, especially for professionals with advanced degrees or exceptional abilities aiming to work and live in the United States. Understanding each step of the application and knowing how to budget effectively for the cost of EB-2 visa fees and services can make this process significantly smoother.
In this guide, we’ll dive into everything you need to know about applying for an EB-2 visa, breaking down eligibility, application procedures for both domestic and international applicants, and the overall cost of EB-2 visa applications and optional services.
Let’s start by exploring what the EB-2 visa is, followed by essential insights into eligibility, procedural steps, and strategies to manage the cost of EB-2 visa applications effectively.
Understanding the EB-2 Visa
The EB-2 visa is a second-preference employment-based visa, designed for individuals with advanced degrees or exceptional abilities who wish to work and live permanently in the United States. This visa is specifically tailored to professionals with significant skills, educational qualifications, or contributions that can benefit the U.S. economy and society. The EB-2 visa is one of the more popular choices for those seeking permanent residency (green card status) because it allows for a direct pathway to citizenship after a set period.
Key Benefits of the EB-2 Visa:
- Pathway to a Green Card: As an employment-based visa, the EB-2 provides a structured route for individuals to gain permanent residency in the U.S. This can eventually lead to U.S. citizenship.
- Family Eligibility: Immediate family members (spouses and unmarried children under 21) can also apply for derivative visas, known as the E-21 (spouse) and E-22 (children) visas, ensuring a smoother transition for families.
- Self-Sponsorship Option (National Interest Waiver – NIW): Applicants who qualify under the National Interest Waiver (NIW) can self-sponsor without needing a U.S. employer to sponsor them. This option offers greater flexibility, as it allows individuals with significant accomplishments or unique skill sets to work independently or choose various employment options without requiring a specific job offer.
Understanding the EB-2 visa’s benefits and processes enables potential applicants to determine if the application requirements and cost of EB-2 visa fees align with their personal and professional objectives.
Also Read: Everything you need to know about EB-2 visa
Eligibility Criteria for EB-2 Visa
The EB-2 visa has three primary eligibility categories: EB-2A (Advanced Degree), EB-2B (Exceptional Ability), and EB-2C (National Interest Waiver). Each category comes with distinct qualifications, making it essential for applicants to assess their qualifications thoroughly before applying.
1. EB-2A: Advanced Degree or Equivalent
- Eligibility: Candidates in this category must have an advanced degree (master’s or doctorate) or a bachelor’s degree with at least five years of progressive work experience in their field.
- Supporting Documentation: To qualify, applicants must provide proof of their education and work experience. This can include degree certificates, transcripts, and reference letters from employers attesting to the nature and progression of their work.
- Labor Certification Requirement: Most applicants in the EB-2A category require a U.S. employer to sponsor them. This involves completing the Program Electronic Review Management (PERM) labor certification, which is an attestation from the employer that the job cannot be filled by qualified U.S. workers. The certification process can increase the cost of EB-2 visa applications due to documentation and labor testing requirements.
2. EB-2B: Exceptional Ability
- Eligibility: The EB-2B category is for individuals with “exceptional ability” in fields like business, science, or the arts. Exceptional ability is demonstrated by meeting at least three of several criteria set by USCIS, such as awards, professional recognition, or published work in the field.
- Documentation and Evidence: Applicants must provide detailed documentation, including letters of support from recognized experts or proof of membership in professional associations. Exceptional ability applicants should anticipate that gathering these credentials may add to the cost of EB-2 visa applications.
3. EB-2C: National Interest Waiver (NIW)
- Eligibility and Purpose: The NIW is for individuals whose work will significantly benefit the United States in areas like economic growth, health, or education. Unlike the other EB-2 categories, NIW applicants do not need employer sponsorship or labor certification.
- Self-Sponsorship and Evidence Requirements: NIW applicants must submit robust evidence, such as published work, patents, or expert letters, showing that their contributions benefit U.S. national interests. Self-sponsorship can potentially reduce the cost of EB-2 visa applications, as applicants bypass employer-related fees and labor certification expenses and requirement of a job offer.
Each category offers unique benefits, but understanding and selecting the appropriate one can make a difference in both eligibility and the associated cost of EB-2 visa application fees.
Determining which category best fits your background can be complex. Consulting an experienced immigration firm, like the Law Offices of Sweta Khandelwal, can provide insights tailored to your specific qualifications.
Application Process for EB-2 Visa Within the U.S.
The EB-2 visa is a category for employment-based immigration to the United States, specifically for individuals with advanced degrees or exceptional abilities. The application process involves several steps, which can vary depending on whether the applicant is already in the U.S. or applying from abroad.
- Check Eligibility: Applicants must determine if they qualify under one of three categories:
- Advanced Degree: Requires a master’s degree or higher.
- Exceptional Ability: Demonstrates significant expertise in their field.
- National Interest Waiver (NIW): Allows self-petitioning without a job offer if the applicant’s work benefits the U.S. national interest.
- Labor Certification (PERM): Most applicants need their employer to obtain a PERM labor certification, demonstrating that no qualified U.S. workers are available for the job. This involves a recruitment process and can take several months.
- Filing Form I-140: After securing the labor certification, the employer files Form I-140 (Immigrant Petition for Alien Worker) with USCIS. This form establishes the applicant’s qualifications and the job offer. Processing typically takes 6 to 9 months, but premium processing is available for 15 days. Exact timeframes depend on current USCIS processing times.
- Adjustment of Status (Form I-485): If the applicant is in the U.S., they can file Form I-485 to adjust their status to permanent resident once their I-140 is approved and a visa number is available. This step can take anywhere from 7.5 to 32.5 months, depending on various factors including country of origin.
- Consular Processing: For those outside the U.S., after I-140 approval, they must go through consular processing by filing Form DS-260 at a U.S. embassy or consulate. This includes an interview and submission of required documents such as birth certificates and police records.
Required Documents
When applying for an EB-2 visa, several documents are typically required:
- Form ETA-750 (for Form-9089 Application for Perm Employment Certification)
- Form I-140 (Immigrant Petition)
- Form I-485 (if adjusting status)
- Form DS-260 (if applying from outside)
Supporting documentation like educational credentials, proof of work experience, and personal identification documents.
Important Considerations
- Processing Times: The entire EB-2 visa process can take from 18 months to several years, heavily influenced by country-specific wait times and individual circumstances.
- Family Members: Spouses and children may also be eligible for derivative visas under this category, allowing them to accompany or join the primary applicant in the U.S.
This structured approach allows individuals seeking permanent residency through the EB-2 visa category to navigate the complexities of U.S. immigration law effectively.
Also Read: Filing an I-130 for Spouse Green Card Process and Procedures
Application Process for EB-2 Visa from Outside the U.S.
To apply for an EB-2 visa from outside the U.S., applicants must follow a structured process, which involves multiple steps and specific requirements. The EB-2 visa is designed for individuals with advanced degrees or exceptional abilities in their fields, and it can be pursued through two main categories: the standard EB-2 and the National Interest Waiver (NIW).
Application Process Overview
- Eligibility Check
Applicants must determine their eligibility based on educational qualifications or work experience. To qualify under the EB-2 category, they typically need:
- An advanced degree (master’s or higher) or a foreign equivalent, or
- A U.S. bachelor’s degree (or equivalent) plus at least five years of progressive post-baccalaureate experience in the field of specialty.
- Filing Form I-140
The first formal step is to file Form I-140, known as the “Immigrant Petition for Alien Worker.” This form can be submitted by the applicants themselves if applying under the NIW category, which does not require a job offer or employer sponsorship.
For standard EB-2 applications, a U.S. employer must file this petition on behalf of the applicant.
- Labor Certification (if applicable)
If applying under the standard EB-2 category, the employer must obtain a Labor Certification from the Department of Labor (DOL), demonstrating that there are no qualified U.S. workers available for the position.
- National Visa Center (NVC) Processing
Upon approval of the I-140 petition, it is forwarded to the National Visa Center (NVC). The NVC will send payment instructions for visa processing fees and request additional documentation necessary for consular processing.
- Consular Processing
Once all documents are submitted and fees paid, applicants will be scheduled for an interview at a U.S. consulate in their home country. During this interview, they must provide supporting documents, including medical exams and proof of qualifications.
If approved during this interview, applicants will receive an immigrant visa to enter the U.S., where they can then apply for their green card upon arrival.
- Post-Approval Steps
After entering the U.S., applicants will need to complete any remaining steps to finalize their permanent resident status, including receiving their green card.
Important Considerations
- Processing Times: The entire process can take approximately 18 months but may vary significantly based on factors such as country of origin and specific case circumstances. Processing times are subject to change based on the current administration.
- Family Members: Spouses and unmarried children under 21 may also be eligible for green cards through accompanying applications.
- Legal Assistance: It is advisable to seek legal counsel to navigate complexities in documentation and ensure compliance with current immigration laws and requirements.
By following these steps and ensuring all eligibility criteria are met, individuals can successfully apply for an EB-2 visa from outside the U.S.
Also Read: How To Apply for a Marriage Green Card in the United States? A Step-by-Step Guide
Breakdown of EB-2 Visa Costs
The costs associated with applying for an EB-2 visa can vary depending on whether the applicant is filing from within the U.S. or from abroad. Below is a breakdown of the primary fees involved in the application process:
For Applicants Filing from Outside the U.S.
- Form I-140 (Immigrant Petition for Alien Worker): Filing Fee: $715 (paid by the employer)
- Form DS-260 (Immigrant Visa Application): Filing Fee: $445. It includes two fees:
- DS-260 online processing fee: $325
- Affidavit of Support processing fee: $120
- Form I-864 (Affidavit of Support): Filing Fee: $0
For Applicants Filing from Within the U.S.
- Form I-140: Filing Fee: $715 (paid by the employer)
- Form I-485 (Application to Register Permanent Residence or Adjust Status): Filing Fee: $1,440.
Additional Costs
- Medical Examination: Typically ranges between $100 and $500, but $200 is typical, depending on the provider and location. You can find a qualified Medical Exam provider by using the Find a Civil Surgeon USCIS tool.
- Legal Fees: If hiring an attorney, costs can vary widely based on services rendered.
Summary of Total Costs
| Item | Cost (USD) |
| Form I-140 | $715 (Employer) |
| Form DS-260 | $445 |
| Form I-864 | $0 |
| Form I-485 | $1,440 |
| Medical Examination | 100 and $500, but $200 |
| Total Estimated Costs | Varies by situation |
These fees are essential for budgeting throughout the EB-2 visa application process, and applicants should be aware of potential additional costs related to legal assistance and medical exams.
While managing these costs, expert advice from legal professionals, such as those at the Law Offices of Sweta Khandelwal, can often help in identifying potential savings and ensuring efficient processing.
Optional Costs and Services for EB-2 Visa Applicants
When applying for an EB-2 visa, there are several optional costs and services that applicants may consider to enhance their application process. Below is a breakdown of these potential expenses and services.
1. Legal Assistance
Hiring an attorney can be beneficial for navigating the complexities of the EB-2 application process. Legal fees typically range from $5,000 to $10,000 (approx) depending on the attorney’s experience and the complexity of the case.
2. Medical Examination
The immigration medical exam is required for all applicants and can cost between $100 and $500, with $200 being the average reported fee. This expense is essential for ensuring that applicants meet health requirements set by U.S. immigration authorities. This is also to determine if the intended immigrant will become a public charge, which can be a ground for inadmissibility. An experienced immigration attorney like Sweta Khandelwal will be able to explain USCIS’s convoluted language.
3. Premium Processing
For those who wish to expedite the processing of their Form I-140, premium processing is available for an additional fee of $2,805. This service guarantees a processing time of 15 calendar days.
4. Document Translation Services
If any documents are not in English, certified translation services may be needed. Costs can vary widely but typically range from $20 to $50 per page, dependent on translation service
5. Travel Expenses
For applicants living abroad, travel expenses related to attending consular interviews or medical exams should be factored in. This could include airfare, accommodation, and local transportation.
6. Additional Filing Fees
If applying from within the U.S., applicants may need to file additional forms such as Form I-765 (Application for Employment Authorization) or Form I-131 (Application for Travel Document), which each have their fees (approximately $410 each) that may be optional based on individual circumstances. According to the G-1055 Fee Schedule Application fee for I-131 is $675. You can locate the USCIS fees here they publish their fees on what’s called the G-1055 Fee Schedule, super helpful!
Choosing optional services can be a strategic decision based on applicants’ timelines and financial resources.
Also Read: Concurrent Filing of Form I-130 and I-485 for Green Card Application
Cost-Minimization Strategies
Reducing the costs associated with EB-2 visa applications can be challenging, but there are several strategies that applicants can employ to minimize expenses. Here are some effective approaches based on recent insights:
- Avoid Premium Processing
The premium processing fee for Form I-140 is $2,805. If time is not a critical factor, opting for standard processing can save this significant expense.
- Prepare Documentation Thoroughly
Ensuring that all documents are complete and meet requirements can prevent delays that may incur additional costs, such as re-filing or responding to Requests for Evidence (RFEs). Proper preparation can also help avoid hiring expensive legal assistance for corrections.
- Research Fee Waivers
Applicants may qualify for fee waivers based on income or other criteria, particularly when applying for Form I-485 (Adjustment of Status) if already in the U.S. This could significantly reduce application costs.
- Limited Scope Legal Representation
Instead of full representation, consider hiring an immigration attorney for limited-scope services, such as guidance on specific aspects of the application process. This can be more affordable while still providing necessary legal support.
- Utilize Discounts for Small Employers
If the employer has 25 or fewer full-time equivalent employees, they may qualify for reduced fees on certain forms, such as Form I-129. This can lower costs associated with employer-sponsored applications.
- Consider Alternative Document Services
For document translation and credential evaluations, shop around for competitive prices instead of defaulting to more expensive providers. Costs can vary significantly, so it pays to compare options.
- Plan for Miscellaneous Costs
Set aside funds for potential miscellaneous expenses such as travel costs, notary fees, and medical exams. Being prepared for these additional costs can help manage the overall budget more effectively.
With these strategies, applicants can save on the cost of EB-2 visa fees without compromising application quality.
While these strategies are helpful, personalized guidance from a seasoned immigration attorney, such as those at Sweta Khandelwal’s firm, could further refine your cost-saving approach by analyzing your unique case.
Conclusion
The cost of EB-2 visa applications can vary significantly depending on each applicant’s specific needs and eligibility. By understanding the requirements, process, and associated fees, applicants can make informed decisions and maximize their chances of successfully obtaining permanent residency in the U.S. Proper planning and thorough documentation can navigate potential challenges, ensuring a smoother path toward U.S. residency for qualified professionals and their families.
To make the most of your EB-2 visa journey, consider consulting an experienced immigration attorney. The Law Offices of Sweta Khandelwal, led by attorney Sweta Khandelwal with over 18 years of expertise, is dedicated to guiding clients through every step of the immigration process. Sweta Khandelwal’s firm offers specialized assistance in business immigration, family immigration, visas, green cards, and citizenship matters.
Connect the Law Offices of Sweta Khandelwal today to ensure you have the expert guidance needed to navigate complex immigration requirements confidently.
Disclaimer
Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without notice.
