EB-2 PERM

What are EB-2 visas?

EB-2 visas allow individuals with an advanced degree or its equivalent or who have exceptional ability to
permanently come to the United States for employment. Individuals may also seek a waiver to these requirements
through the national interest waiver, discussed in a separate article.

What are the two sub-categories for the EB-2 visa and how are they
different?

Both EB-2 visas are available for permanent employment-based workers. However, each EB-2 visa is applicable to
workers with different credentials.

  • Advanced Degree Sub-Category The EB-2 visa is available for workers who have obtained an advanced degree or its foreign equivalent, such
    as a
    baccalaureate degree plus five years of post-baccalaureate progressive work experience in the worker’s
    field.
  • Exceptional Ability Sub-CategoryThe EB-2 visa is available for individuals who are able to demonstrate their exceptional ability in the
    arts,
    sciences, or business. Exceptional ability is described as a degree of expertise significantly above that
    ordinarily
    encountered in the arts, sciences, or business.

Who qualifies for each type of EB-2 visa?

    • Advanced Degree Sub-CategoryTo qualify under the advanced degree sub-category, an applicant must be able to demonstrate that he or she
      has
      obtained an advanced degree and has five years of progressive work experience in his or her field.
    • How to Prove Advanced Degree Qualifications Advanced degree EB-2 visa applicants must prove their qualifications by presenting evidence the applicant
      has
      the
      required advanced degree and work experience.An applicant must produce the following documentation to prove they meet this criteria:

      • An official academic record showing the applicant has a United States advanced degree ir foreign
        equivalent,
        or
      • An official academic record showing the applicant has a United States bachelor’s degree or foreign
        equivalent
        degree and letters from current or former employers showing the applicant has at least five years of
        progressive
        work experience in his or her field after earning a bachelor’s degree.

        • Exceptional Ability Sub-Category

      To qualify under the exceptional ability sub-category, an applicant must show exceptional ability that his
      or
      her
      exceptional ability in the sciences, arts, or business will greatly benefit the United States’ economic,
      cultural,
      educational, or welfare interests.

How to Prove Exceptional Ability Qualifications

Exceptional ability EB-2 applicants must be able to prove their exceptional ability. To do so, applicants must
produce evidence of at least 3 of the 7 criteria below:

      • Official academic record showing that the applicant has a degree, diploma, certificate, or similar award
        from a
        college, university, school, or other institution of learning relating to your area of exceptional ability;
      • Letters documenting the applicant has at least 10 years of full-time experience in his or her occupation;
      • A license to practice the applicant’s profession or certification for the applicant’s profession or
        occupation;
      • Evidence that the applicant has commanded a salary or other remuneration for services that demonstrate the
        applicant’s exceptional ability;
      • The applicant’s membership in a professional association(s);
      • Recognition of the applicant’s achievements and significant contributions to the applicant’s industry or
        field
        by the applicant’s peers, government entities, professional or business organizations;
      • Other comparable evidence of the applicant’s eligibility

What is the process for obtaining an EB-2 visa?

The application for an EB-2 visa is an employer-driven process. Applicants for both the advanced degree EB-2
visa
and the exceptional ability EB-2 visa are substantially similar. The application process is through the United
States Citizenship and Immigration Services (USCIS) and the United States Department of Labor (DOL).

Step One

An applicant’s employer must first seek approval through the United States Department of Labor’s
Foreign Labor Certification Process
. The employer will be issued Permanent Labor Certification by using
the
DOL’s Program Electronic Management Review (PERM) System.

When going through the PERM process, the applicant’s United States employer must certify that the job opening is
available to United States workers, is in a specified professional field, that the rate of pay for the job is a
prevailing industry rate, and that a foreign worker is needed to fill the position. Thus, the employer must show
through an extensive recruiting process that no qualified Americans are available to work the job.

The employer must submit Form ETA-750 as
part
of the PERM labor certification. This form helps to prove that the hiring of a foreign worker does not displace
American workers eligible for the same job. This must be completed by the employer before an application can
actually be submitted for the EB-2 visa. The PERM process can be the most lengthy part of the EB-2 visa process.

Step Two

The potential employer of the EB-2 applicant must complete and sign Form
I-140
according to the form’s instructions on behalf of the applicant. The form is submitted with the
USCIS.
After completing and signing the form, it must be submitted with the applicable filing fee and documentary
evidence
showing the applicant meets the advanced degree or exceptional ability qualifications.

Processing Time and Premium Processing

The PERM labor certification process typically takes around 6 months after filing. However, the application
processing time can vary depending on the employer and the applicant, especially if the employer is subject to
an
audit, which can delay the process to take around 1 year.

After the PERM labor certification process is complete, premium processing is available for EB-2 advanced degree
and
exceptional ability visa applicants to speed up the Form I-140 process. This will expedite the process by which
the
visa application is reviewed and approved for an additional fee.

Applicants Already Inside the United States

EB-2 visa applicants already in the United States at the time they apply must file Form I-485 to change their visa status along with Form I-140. The
Form
I-485 changes a visa holder’s status under one visa to a new status under the EB-2 visa. Both the Form I-485 and
the
Form I-140 are submitted to the USCIS.

Applicants Outside the United States

EB-2 applicants who are outside of the United States must also submit the online Form
DS-261 application.
These applicants must also schedule an interview with the U.S. Embassy or Consulate
near
them. At their interview, applicants will be required to have their biometrics taken and will be asked questions
about the applicant’s background, experience, and interest in coming to the United States permanently.
Applicants
must bring the following items to their interview:

      • Copy of printed Form DS-261;
      • Copy of Form I-140;
      • A valid passport;
      • A photo conforming to the United States Department of State’s photo
        requirements
        ;
      • Evidentiary documents proving the applicant’s qualifications;
      • Approved PERM Labor Certification;
      • The applicant’s CV or resume;
      • An affidavit of support from the applicant’s employer

How much does it cost to get an EB-2 visa?

      • The Form I-140 filing fee is $700.
      • The Form I-485 filing fee is $750-$1,450, dependent on the applicant’s age.
      • The biometrics fee for overseas applicants is $85.
      • The Form DS-261 filing fee for overseas applicants is $445.
      • The affidavit of support for overseas applicants is $88.
      • The premium processing fee (available for EB-1A & EB-1B visas) is $1,440.

Family of EB-2 visa holders

The spouse or unmarried children under 21 years of age may accompany the EB-2 visa holder in the United States.
The
family member(s) must apply to accompany the visa holder in the United States at the same time or after the EB-2
visa holder applies.

How long are EB-2 visas valid?

The EB-2 visas allow workers to permanently work in the United States.

Sweta Khandelwal

Sweta completed her Masters in Law from the University of California, Los Angeles and her JD from the Faculty of Law, Delhi University in India and has been practicing law for 15+ years getting visas, green cards, and citizenship for 1000+ clients, 100+ companies across 50+ nationalities.

Sweta has been recognized as a ” Super Lawyer, Rising Star,” and as amongst the ” Top 40 under 40″ immigration attorneys in California (American Society of Legal Advocates). She is also the recipient of the Advocacy Award by the American Immigration Lawyers Association.

Sweta is also a chartered accountant — the equivalent of a CPA. This makes her uniquely positioned to understand the immigration needs of her business clients in the broader context of their corporate objectives.

Sweta is actively involved with immigration issues and immigrant communities in various capacities. She has assumed key roles at the American Immigration Lawyers Association (AILA), both at the local and national level. She has been a past chair at the Santa Clara Valley Chapter at AILA and has also been involved in various practice area committees at AILA National. Sweta has addressed multiple conferences/forums in the United States and worldwide on immigration and business issues.