The EB2 visa is highly desirable within the U.S. immigration system, particularly for professionals holding advanced degrees or those with exceptional abilities in fields such as science, business, or the arts. Offering a pathway to permanent residency, the EB2 visa is ideal for individuals who meet specific educational or skill-based qualifications. One of the key benefits of the EB2 visa is its provision for family members, allowing the principal applicant’s spouse and children under 21 to accompany them to the U.S. through the EB2 dependent visa, granting them residency and additional benefits like work authorization for spouses.
This comprehensive guide will cover the EB2 visa application process for both the primary applicant and family members, along with essential requirements and documentation.
Overview of the EB2 Visa
The EB2 visa, or Employment-Based Second Preference, is intended for professionals who meet specific criteria, primarily related to their qualifications or exceptional abilities.
It is divided into three subcategories:
- EB2-A (Advanced Degree Professionals): This subcategory is for individuals holding an advanced degree (master’s or above) or a bachelor’s degree with at least five years of progressive work experience in their field.
- EB2-B (Exceptional Ability): To qualify for this subcategory, applicants must demonstrate exceptional ability in the sciences, arts, or business. The applicant must meet specific criteria set by the U.S. Citizenship and Immigration Services (USCIS), such as extensive documentation of achievements and expertise.
- EB2-C (National Interest Waiver): This subcategory allows individuals to self-petition without employer sponsorship if they can prove that their work benefits the national interest of the United States. This is particularly advantageous for individuals involved in significant research or other valuable work.
Benefits for Family Members
One of the significant advantages of the EB2 visa is that it allows family members to join the primary applicant in the U.S. under the EB2 dependent visa. Your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-21 and E-22 immigrant status. Spouses and children under the age of 21 are also eligible to accompany the main applicant, enjoying certain benefits such as the ability to live, study, and, in the case of spouses, work in the U.S.
Also Read: What are EB1A, EB1B, EB1C Visas?
Requirements for Main Applicant
The main applicant under the EB2 visa must meet specific requirements depending on the subcategory they are applying for. Let’s break down the criteria for each subcategory:
EB2-A: Advanced Degree Professionals
To qualify under EB2-A, the applicant must have:
- An advanced degree (master’s or doctorate) from an accredited institution, or
- A bachelor’s degree with at least five years of progressive experience in their field.
The advanced degree must be relevant to the occupation the applicant is seeking in the U.S. If applying with a bachelor’s degree and experience, evidence must show that the experience was gained progressively, demonstrating increasing responsibility in their profession.
EB2-B: Exceptional Ability
For the EB2-B subcategory, applicants must demonstrate exceptional ability in the sciences, arts, or business. This requires meeting at least three of the following criteria:
- Official academic records show a degree related to the area of exceptional ability.
- Letters from current or former employers attest to at least 10 years of experience.
- A license or certification to practice the profession.
- Evidence of a high salary or other remuneration that demonstrates exceptional ability.
- Membership in professional associations.
- Recognition by peers, government entities, or professional or business organizations for achievements and significant contributions to the field.
EB2-C: National Interest Waiver
Applicants seeking a National Interest Waiver (NIW) must demonstrate that their work is in the national interest of the U.S. and that it outweighs the need for a job offer. The applicant must prove the following:
- Their work has substantial merit and national importance.
- They are well-positioned to advance their work in the U.S.
- It is beneficial for the U.S. to waive the requirement of a job offer and thus the requirements of a labor certification.
Also Read: Filing an I-130 for Spouse Green Card Process and Procedures
EB2 Visa Application Process
The EB2 visa application process can be complex and requires several steps. Here’s a simplified guide:
1. Permanent Labor Certification (If Employer-Sponsored)
For EB2-A and EB2-B applicants, if the visa is employer-sponsored, the employer must first obtain a Permanent Labor Certification (PERM) from the U.S. Department of Labor (DOL). This certification proves that no qualified U.S. workers are available for the position the applicant is filling. This is to rule out that any American workers are qualified for the position, if they receive a job application from an American worker the perm “dies”.
2. Form I-140 (Immigrant Petition for Alien Worker)
Once the labor certification is approved, the employer files Form I-140 on behalf of the applicant. For EB2-C applicants, this form can be filed by the applicants themselves under the National Interest Waiver (NIW) subcategory. The form must include supporting evidence of qualifications and eligibility.
3. Adjustment of Status (Form I-485) or Consular Processing (DS-260)
After the I-140 petition is approved, the applicant can either:
- Adjust their status if they are already in the U.S. by filing Form I-485 (Application to Register Permanent Residence or Adjust Status).
- Go through consular processing if they are outside the U.S. by filing Form DS-260 (Immigrant Visa Application) at the U.S. embassy or consulate in their home country.
Understanding the labor certification and petition filing can be daunting. Seeking assistance from seasoned immigration professionals at The Law Offices of Sweta Khandelwal could streamline this process significantly.
EB2 Dependent Visa for Family Members
Who is Eligible?
Under the EB2 dependent visa, the following family members are eligible to join the principal applicant in the U.S.:
- Spouse: The spouse is granted an E-21 status and can apply for an Employment Authorization Document (EAD), which allows them to work in the U.S.
- Children under 21: Children of the principal applicant receive E-22 status and can attend school in the U.S.
How to Apply for an EB2 Dependent Visa
Family members will need to file separate forms, depending on whether they are in the U.S. or abroad:
- In the U.S.: File Form I-485, along with the principal applicant.
- Abroad: Submit Form DS-260 for consular processing.
In both cases, family members must provide proof of relationship to the principal applicant, such as marriage certificates for spouses birth certificates for children, and any other documentation to show a bonafide relationship.
Also Read: How To Apply for a Marriage Green Card in the United States? A Step-by-Step Guide
Required Documentation for the EB2 Visa and EB2 Dependent Visa
Both the principal applicant and their family members must provide various documents to prove their eligibility for the EB2 visa and EB2 dependent visa.
For the Main Applicant
The primary applicant must submit:
- Educational qualifications: Degrees, diplomas, and transcripts proving advanced qualifications.
- Work experience: Letters from previous and current employers documenting work history and professional growth.
- Proof of exceptional ability: If applying under the EB2-B subcategory, the applicant must provide documentation that demonstrates exceptional talent in their field, such as published work, awards, or expert letters.
- National Interest Waiver: Applicants applying under the NIW subcategory must provide evidence that their work is in the national interest of the U.S.
A Skilled Immigration attorney like Sweta will be able to advise you to see if your work will qualify for this Category.
For Family Members
Family members applying under the EB2 dependent visa must submit:
- Marriage certificate: Proof of marriage for the spouse of the principal applicant.
- Birth certificates: Proof of relationship for children under 21.
- Form I-485 or DS-260: Depending on whether the family is in the U.S. or applying from abroad, they must submit the appropriate form for adjusting status or consular processing.
Fees and Processing Time
The EB-2 visa application process involves specific fees and varying processing times, which can significantly impact applicants. Here’s a detailed overview:
Fees for EB-2 Visa
- Form I-140 (Immigrant Petition for Alien Worker): Filing Fee: $715 (typically paid by the employer)
- Adjustment of Status (Form I-485) (if applying from within the U.S.):
- Filing Fee: $1,440
- Consular Processing Fees (if applying from outside the U.S.): Visa Processing Fee: $345
- Additional Costs: Medical examination fees, which can range from $200 to $400, depending on the provider. Medical exams are submitted with form I-693 and there are no longer expiration dates on medical exams.
- Premium Processing (optional): For expedited processing of Form I-140, an additional fee of $2,805 can be paid to guarantee a decision within 15 calendar days.
Processing Times for EB-2 Visa
- Labor Certification (PERM): Typically takes about 6 months, but this can extend if the application is audited the Perm process can also die if an application is received from an American Worker.
- Form I-140 Processing: The average processing time is approximately 4 to 6 months, but with premium processing, it can be reduced to 15 days.
- Adjustment of Status (Form I-485):
- If applying from within the U.S., processing can take between 7.5 to 32.5 months, depending on various factors.
- If applying from outside the U.S., once the I-140 is approved and a visa is available, consular processing usually takes about 4 to 6 months.
- Overall Timeline:
The entire EB-2 visa process can take anywhere from several months to several years, particularly for applicants from countries with high demand like India and China, where backlogs may extend wait times significantly due to annual limits on visa allocations.
Potential EB-2 applicants should be prepared for both the financial costs associated with filing and the varying timelines that could affect their immigration journey.
With fluctuating processing times and associated costs, having an experienced legal team, such as The Law Offices of Sweta Khandelwal, ensures that you’re always informed and prepared for every step of the process.
Interview and Final Steps
Once all required forms and documentation are submitted, applicants (including family members) may be called for an interview. During the interview, applicants should bring the following:
- Valid passport
- Copies of all submitted forms
- Medical examination results
- Bona-a-Fide relationship for family members (marriage/birth certificates)
The interview will usually take place at a U.S. consulate or embassy for those going through consular processing or at a USCIS office for those adjusting status within the U.S.
Conclusion
The EB2 visa offers a valuable opportunity for professionals with advanced degrees and exceptional abilities to achieve permanent residency in the United States. A critical aspect of this visa is the ability for family members to join the primary applicant through the EB2 dependent visa, allowing spouses and children to relocate and build their lives in the U.S.
Understanding the application process can be complex, but with the proper preparation and understanding of requirements, applicants and their families can successfully achieve their immigration goals.
Seeking professional legal advice from The Law Offices of Sweta Khandelwal is often recommended to ensure a smooth and efficient application process. Whether you’re applying as a principal applicant or a family member, the EB2 dependent visa provides significant benefits for building a life in the U.S. and Sweta Khandelwal can help you understand all these properly.
Contact Sweta Khandelwal and get started today!
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.
