Understanding the complexities of U.S. immigration can be challenging, particularly for professionals aiming to advance their careers in America. One of the most sought-after pathways is the EB-2 visa, designed for foreign nationals with advanced degrees or exceptional abilities in their fields.
This visa offers skilled professionals a chance to work and thrive in the U.S. economy, making it an attractive option for those looking to enhance their professional prospects. The EB-2 visa process involves understanding eligibility requirements, application steps, and documentation needed. By grasping these intricacies, applicants can better prepare for their journey, ensuring a smoother transition into the competitive U.S. job market while pursuing their career aspirations.
This blog aims to provide a comprehensive understanding of the EB-2 visa process, including its eligibility criteria, application steps, required documentation, associated fees, processing times, and how to maintain your EB-2 status.
What is the EB-2 Visa?
The EB-2 visa is an employment-based immigrant visa category designed for professionals with advanced degrees or individuals with exceptional abilities in arts, sciences, or business. This visa category is particularly advantageous as it allows holders to apply for permanent residency (Green Card) in the United States. The EB-2 visa process is divided into three primary subcategories:
- EB-2A: For professionals holding advanced degrees (master’s or higher).
- EB-2B: For individuals demonstrating exceptional ability in their field.
- EB-2C: For those eligible for a National Interest Waiver (NIW), which allows individuals to bypass the labor certification process if their work benefits the United States.
Understanding the EB-2 visa process is essential for potential applicants to ensure they meet all requirements and navigate the application successfully.
Also Read: Everything you need to know about EB-2 visa
Eligibility Criteria for the EB-2 Visa
To qualify for the EB-2 visa, applicants must meet specific eligibility criteria, which vary by subcategory. Let’s break down the requirements for each category:
1. EB-2A: Requirements for Advanced Degree Professionals
To be eligible under the EB-2A category, applicants must:
- Hold a master’s degree or higher from a U.S. institution or a foreign equivalent degree. This includes degrees such as a Master of Science (MS), Master of Business Administration (MBA), or a Doctorate (PhD).
- Alternatively, applicants can qualify if they have a bachelor’s degree plus at least five years of progressive work experience in their field after obtaining the degree. This requirement emphasizes the need for practical experience that complements academic qualifications.
The EB-2 visa process for this category requires proof of educational qualifications, which may include diplomas, transcripts, and letters from employers confirming the relevant work experience. Applicants must gather strong evidence that demonstrates their advanced education and how it relates to their intended employment in the U.S.
2. EB-2B: Criteria for Individuals with Exceptional Ability
The EB-2B category is designed for individuals who can demonstrate exceptional ability in their field. To qualify, applicants must provide evidence of their exceptional ability through at least three of the following:
- A degree, diploma, certificate, or similar award from a college or university related to the area of exceptional ability. This shows formal recognition of the individual’s expertise.
- Evidence of at least ten years of full-time experience in a professional capacity, which underscores the depth of their knowledge and skills.
- A license to practice the profession or certification from a professional association, validating the applicant’s qualifications and adherence to industry standards.
- Evidence of a high salary or remuneration compared to others in the field demonstrates that the individual’s skills are in high demand and valued.
- Recognition for achievements and significant contributions in the field by peers, government entities, or professional organizations, highlighting the individual’s impact and reputation in their area of expertise.
Understanding the EB-2 visa process for this category requires careful documentation of accomplishments, awards, and other evidence that supports claims of exceptional ability. It’s crucial to provide a well-rounded picture of the applicant’s qualifications and contributions to their profession.
3. EB-2C: National Interest Waiver Requirements and Benefits
The EB-2C category is unique because it allows applicants to waive the standard labor certification requirement. To qualify for a National Interest Waiver, applicants must demonstrate that their work benefits the United States significantly. This typically involves showing:
- The proposed endeavor has substantial merit and national importance, which can be evidenced by research, projects, or professional achievements that have a broad impact on society or the economy.
- The applicant is well-positioned to advance the proposed endeavor, which may include demonstrating a track record of successful projects or initiatives in their field.
- It would be beneficial to the United States to waive the labor certification requirement. This means that the applicant’s work should provide a clear advantage to the U.S., such as contributing to economic growth, enhancing public health, or advancing technological innovation.
The EB-2 visa process for individuals seeking a National Interest Waiver can be complex, but it provides significant advantages, allowing talented individuals to contribute to the U.S. without the cumbersome labor certification process. This is particularly appealing for professionals whose work directly aligns with U.S. interests and priorities.
For tailored insights into how your academic credentials align, consider reaching out to the experienced legal team of Sweta Khandelwal.
EB-2 Visa Application Process
The EB-2 visa application process involves several steps that must be followed meticulously to ensure a successful outcome. Below is a detailed breakdown of the process:
1. Job Offer and Labor Certification
- Job Offer: The applicant must secure a job offer from a U.S. employer. This is crucial as the employer plays a significant role in the application process.
- PERM Labor Certification: The employer must file for a Permanent Labor Certification (PERM) with the Department of Labor (DOL). This certification demonstrates that there are no qualified U.S. workers available for the position and that hiring the foreign worker will not adversely affect U.S. labor conditions.
2. Filing Form I-140
After obtaining the PERM Labor Certification, the employer files Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). This form classifies the applicant as eligible for an employment-based immigrant visa.
3. Wait for Approval and Visa Availability
- Processing Time: The processing time for Form I-140 typically ranges from 4 to 6 months, but premium processing is available for an expedited decision within 15 days. After approval, applicants must wait for their priority date to become current before proceeding.
- Visa Availability: Visa availability can vary based on the applicant’s country of origin, with longer waits often experienced by applicants from countries like India and China.
4. Adjustment of Status or Consular Processing
Depending on whether the applicant is inside or outside the U.S., they will follow different paths:
- If Inside the U.S.:
- The applicant files Form I-485, Application to Register Permanent Residence or Adjust Status, once their priority date is current. This form allows them to adjust their status to permanent resident.
- Biometrics Appointment: USCIS will schedule a biometrics appointment where fingerprints will be taken. Then Biometrics appointment is to confirm your identity and run the required background and security checks.
- Interview: An interview may be required, during which the applicant must present necessary documentation.
- If Outside the U.S.:
- The applicant will undergo consular processing by filing Form DS-260, Application for Immigrant Visa and Immigrant Visa and Alien Registration Application, at a U.S. consulate in their home country.
- They must also attend a medical examination and an interview at the consulate.
5. Final Steps
After approval of Form I-485 or successful completion of consular processing, the applicant will receive their green card, granting them lawful permanent resident status in the United States.
Each step in the EB-2 visa process is crucial, and applicants must pay close attention to detail to ensure a successful application. Engaging with an immigration attorney can be beneficial in navigating the complexities of this process.
Also Read: Permanent Work Visas/Employment-based Green Cards
Required Documentation for EB-2 Visa
The documentation needed for the EB-2 visa application process varies depending on the specific category under which an applicant is applying.
Below is a detailed overview of the required documents for each subcategory: EB2-A (Advanced Degree Professionals), EB2-B (Exceptional Ability), and EB2-C (National Interest Waiver).
1. General Documentation for All EB-2 Applicants
Regardless of the subcategory, all applicants must submit the following general documents:
- Form I-140, Petition for Alien Worker: This form is filed by the employer to classify the applicant as eligible for an employment-based immigrant visa.
- Labor Certification: Required for EB2-A and EB2-B applicants, this document certifies that no qualified U.S. workers are available for the job.
- Form I-485, Application to Register Permanent Residence or Adjust Status: Necessary for applicants in the U.S. seeking to adjust their status.
- Form I-693, Report of Medical Examination and Vaccination Record: Completed by a designated civil surgeon to confirm that the applicant is not inadmissible on public health grounds.
- Two Passport-Style Photographs: Must meet specific size and quality requirements.
- Copy of Government-Issued ID: A valid identification document with a photograph (e.g., passport).
- Birth Certificate: A copy of the applicant’s birth certificate.
- Passport Copies: Including pages with nonimmigrant visas and admission stamps (if applicable).
- Proof of Continuous Lawful Status: Documentation showing that the applicant has maintained lawful status since arrival in the U.S.
2. Documentation Specific to Each Subcategory
EB2-A: Advanced Degree Professionals
To qualify under this category, applicants must provide:
- Academic Transcripts and Diplomas: Official records proving possession of an advanced degree or its equivalent.
- Evidence of Work Experience: If applying with a bachelor’s degree, letters from previous employers document at least five years of progressive experience in the field.
EB2-B: Exceptional Ability
Applicants must demonstrate exceptional ability in their field and provide evidence meeting at least three of the following criteria:
- Academic Records: Official transcripts showing relevant education.
- Employment Letters: Documenting at least ten years of full-time experience in the field.
- Professional Licenses or Certifications: Validating qualifications to practice in their profession.
- Recognition for Achievements: Awards or accolades demonstrating significant contributions to their field.
- Memberships in Professional Associations: Proof of membership in relevant organizations.
- Salary Evidence: Documentation showing a salary that demonstrates exceptional ability compared to peers.
EB2-C: National Interest Waiver
For those applying under this waiver, additional documentation is required:
- Evidence Supporting National Interest: Letters of recommendation or documentation proving that the applicant’s work benefits the United States significantly.
3. Additional Supporting Documents
Depending on individual circumstances, other documents may include:
- Employer Financial Documents: Such as tax returns or financial statements to prove the employer’s ability to pay the offered wage.
- Certified Court Disposition Records: For any criminal charges or convictions (if applicable).
Providing comprehensive and accurate documentation is vital to ensure the EB-2 visa process proceeds smoothly. Each piece of documentation should establish the applicant’s qualifications and their alignment with the requirements of the EB-2 category.
Ensuring you have all the necessary documents can be a breeze when working with our dedicated immigration law firm like the law offices of Sweta Khandelwal.
EB-2 Visa Fees
The costs associated with the EB-2 visa process can vary significantly based on whether the applicant is filing from within the United States or applying from abroad. Below is a breakdown of the typical fees involved in the EB-2 visa application process.
Costs for Applicants Filing from Within the U.S.
- Form I-140 (Immigrant Petition for Alien Worker): $715 (paid by the employer)
- Form I-485 (Application to Register Permanent Residence or Adjust Status): $1,440
- Immigrant Fee: $235
- Medical Examination: Approximately $200 to $500, depending on the provider.
- Biometrics Fee: $85
- Translation of Documents: $50 to $500, depending on the number of documents and language.
- Credential Evaluation: $200 to $500, if needed.
Costs for Applicants Applying from Outside the U.S.
- Form I-140 (Immigrant Petition for Alien Worker): $715 (paid by the employer)
- Form DS-260 (Immigrant Visa Application): $445. It includes two fees:
- DS-260 online processing fee: $325
- Affidavit of Support processing fee: $120
- Form I-864 (Affidavit of Support): $0
- Medical Examination: Approximately $200 to $500. (Depending on Civil Surgeon)
- Translation of Documents: $50 to $500.
- Credential Evaluation: $200 to $500.
Additional Costs
- Premium Processing Fee (optional): $2,805 for expedited processing of Form I-140.
- Legal Fees: If hiring an immigration attorney, costs can range from $5,000 to $15,000 (approx) depending on the complexity of the case and services provided.
- Business Plan Services (for National Interest Waiver applicants): Ranges from $2,000 to $7,000.
Total Estimated Costs
- For applicants filing from within the U.S., total costs can range from approximately $2,375 to $13,475, (approx) depending on optional services and legal fees.
- For those applying from outside the U.S., total costs can range from about $1,475 to $12,025, (approx) again depending on optional services and legal assistance.
Miscellaneous Costs
Applicants should also consider additional expenses such as travel costs, document copies, postage, notary fees, and passport photos when budgeting for their EB-2 visa application process.
This comprehensive overview highlights that while some fees are fixed, others can vary widely based on individual circumstances and choices regarding legal assistance and optional services.
Also Read: How To Apply for a Marriage Green Card in the United States? A Step-by-Step Guide
Processing Times for EB-2 Visa
The processing times for the EB-2 visa can vary significantly based on several factors, including the specific steps involved in the application process and the applicant’s country of origin. Here’s a detailed overview of the expected timelines:
1. PERM Labor Certification
- Preparation Time: Generally takes about 4 months for preparation.
- Application Processing: Approximately 6 months for the actual processing by the Department of Labor (DOL).
- Total Time: About 10 months from start to finish for the PERM Labor Certification process.
2. Form I-140 Processing
After obtaining the PERM Labor Certification, the employer files Form I-140 (Immigrant Petition for Alien Worker).
- Standard Processing Time: Typically ranges from 6 to 9 months.
- Premium Processing Option: If opted, this can expedite the processing to just 15 days for an additional fee of $2,805.
3. Priority Date and Visa Availability
Once Form I-140 is approved, applicants must wait for their priority date to become current. This wait time can vary widely:
- For applicants from countries with fewer applicants (e.g., most countries), there may be little to no wait time.
- For applicants from countries with high demand, such as India and China, this wait could extend from 0 to over 10 years, depending on visa availability as indicated in the State Department’s Visa Bulletin.
4. Adjustment of Status or Consular Processing
Once a visa becomes available, applicants can proceed with either adjustment of status (if in the U.S.) or consular processing (if outside the U.S.):
Adjustment of Status (Form I-485):
The average processing time is around 7.5 to 32.5 months, depending on various factors including the applicant’s location and USCIS workload.
Consular Processing:
If applying from abroad, this process typically takes about 4 to 6 months but can vary based on the specific U.S. consulate’s processing times and local conditions
Having an experienced attorney like Sweta Khandelwal can help you stay informed and prepared during wait periods.
Understanding these timelines can help applicants better plan their transition to the U.S. and prepare for potential delays. Keeping abreast of updates from USCIS and the Department of State can aid in managing expectations throughout the EB-2 visa process.
Renewing and Maintaining EB-2 Visa Status
To maintain and renew EB-2 visa status, it’s essential to understand the specific requirements and processes involved. Here’s a detailed overview:
Renewing EB-2 Visa Status
The EB-2 visa itself does not require renewal in the traditional sense, as it is tied to the green card process. However, certain documents associated with the EB-2 status may need renewal:
- Employment Authorization Document (EAD):
If an EAD was issued, it must be renewed periodically. Applicants can file Form I-765 to renew their EAD, typically 180 days before it expires.
- Advance Parole:
If an Advance Parole travel document was issued, it also needs to be renewed before expiration if the holder plans to travel internationally.
- Adjustment of Status:
If an applicant is in the process of adjusting their status to that of a permanent resident (green card holder), they should ensure that all necessary forms are submitted on time and that they maintain lawful status throughout the process.
- No Formal Renewal Process for EB-2 Visa:
Unlike nonimmigrant visas, the EB-2 does not have a formal renewal process once permanent residency is granted. Instead, the focus shifts to maintaining residency and fulfilling any conditions attached to it.
Maintaining EB-2 Visa Status
- Employment Requirement:
EB-2 visa holders must remain employed with the sponsoring employer who filed the petition. If there is a significant change in employment (such as a job change or termination), it may affect the visa status.
- Compliance with Visa Conditions:
Visa holders must comply with all conditions of their visa, including maintaining lawful status and not violating any terms of employment.
- Change of Employer:
If an EB-2 visa holder wishes to change employers, the new employer must file a new Form I-140 petition. The applicant may also need to file a new Labor Certification if applicable.
- Travel Considerations:
If traveling outside the U.S., EB-2 visa holders should ensure they have valid travel documents, including an Employment Authorization Document (EAD) if applicable.
Renewing and maintaining EB-2 visa status involves understanding the nuances of U.S. immigration laws and fulfilling all obligations as a permanent resident. Staying informed about immigration policies can help prevent lapses in status.
Conclusion
The EB-2 visa process is a valuable pathway for skilled professionals seeking to advance their careers in the United States. Understanding the eligibility criteria, application steps, required documentation, fees, processing times, and maintenance of visa status is crucial for prospective applicants. Whether pursuing the EB-2A, EB-2B, or EB-2C categories, careful preparation and attention to detail can lead to successful outcomes.
Navigating the complexities of U.S. immigration law can be daunting, but with the right knowledge and resources, individuals can use the EB-2 visa to achieve their professional goals. Whether you’re an advanced degree professional or possess exceptional abilities, the EB-2 visa can open doors to new opportunities in the U.S. and facilitate a rewarding career journey.
For personalized guidance throughout the EB-2 visa process, consider partnering with The Law Offices of Sweta Khandelwal. This specialized immigration law firm is led by Sweta Khandelwal, an experienced immigration attorney with over 18 years of practice. The firm offers comprehensive legal services covering business immigration, family immigration, visas, green cards, and citizenship matters.
Don’t navigate this complex process alone—contact Sweta Khandelwal today to secure your future in the United States!
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.
