EB-2 visa

EB-2 is an immigrant visa preference category for United States employment-based permanent residency,


Overview

Main Article: Immigration

Main Article: Immigrant visa types

An EB-2 visa is employment-based permanent residency.

There are 4 categories of workers who qualify for an EB-2 visa:

  1. Members of a profession holding an advanced degree (Masters + ) or it’s equivalent. The job must be a “profession,” including architects, engineers, lawyers, doctors, surgeons, or teachers.
  2. Someone with an “exceptional ability” in the sciences, arts, or business.
  3. “National Interest Waiver” - the same category as exceptional ability, but asking that the labor requirement be waived because of an interest to the United States. These individuals may self petition, meaning that they do not need an employer to sponsor them.
    • A case decided by The United States Citizenship and Immigration Service (USCIS) Administrative Appeals Office has identified 7 key factors pertaining to the “national interest:”
      • improving the US economy
      • improving wages and working conditions of US workers
      • improving education and training programs for students and under-qualified workers
      • improving health care
      • providing more affordable housing to younger or older US residents
      • improving the environment in the US or making more productive use of natural resources
      • a request from a US government agency or someone that improves international cultural understanding
  4. Entrepreneurs may also qualify for an EB-2 visa under certain circumstances.

Related Services

EB2 Visa Application

VIEW

The EB-2 visa provides employment-based permanent residency to aliens holding advanced degrees or their equivalent and individuals with exceptional ability in the sciences, arts, or business.


Eligibility Criteria

Sub-Categories Description Evidence
Advanced Degree The job you apply for must require an advanced degree and you must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field). Documentation of the advanced degree or comparable documentation of the baccalaureate degree plus letters for current and former employers.
Exceptional Ability You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” You must include documentation of at least 3 criteria listed below:
  • Official academic record showing that you have 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 at least 10 years of full-time experience in your occupation
  • A license to practice your profession or certification for your profession or occupation
  • Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
  • Membership in a professional association(s)
  • Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
  • Other comparable evidence of eligibility is also acceptable.
National Interest Waiver Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the nation. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker. You must meet at least 3 of the criteria below and demonstrate that it is in the national interest that you work permanently in the United States.
  • Official academic record showing that you have 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 at least 10 years of full-time experience in your occupation
  • A license to practice your profession or certification for your profession or occupation
  • Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
  • Membership in a professional association(s)
  • Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
  • Other comparable evidence of eligibility is also acceptable.

Related Services

EB2 Visa Application

VIEW

The EB-2 visa provides employment-based permanent residency to aliens holding advanced degrees or their equivalent and individuals with exceptional ability in the sciences, arts, or business.


Application

To qualify for an EB-2 visa, your employer must file a Form I-140, Petition for Alien Worker.


Family of EB-2 visa holders

The spouse and children under the age of 21 may be admitted to the United States in E-21 and E-22 immigrant status, respectively. While you are in the process of applying for permanent resident status, your spouse may file for an Employment Authorization Document (EAD), which allows them to legally work within the United States.


Related Services