The EB-2 visa category is designed for individuals with exceptional ability in the sciences, arts, education, business, or athletics. It also includes professionals holding advanced degrees or exceptional ability in a particular area.

About the EB-2 Visa

The EB-2 visa is an employment-based immigration category for individuals with exceptional ability in sciences, arts, or business, or those holding advanced degrees. It is popular for professionals seeking permanent residency in the US. Key features of the EB-2 Visa include having a master’s degree or equivalent, demonstrating extraordinary achievement, and having a National Interest Waiver (NIW) for work in the national interest. The process involves filing an I-140 petition and an I-485 Adjustment of Status.

Benefits of EB-2 Visa

For those who meet the requirements, the EB-2 visa offers several benefits. These include:

• Permanent Residency: the ultimate goal of the EB-2 visa is to obtain a green card, which will grant you permanent residency in the United States.
• Employment Authorization: You are authorized to work in the United States without restrictions.
• Family Benefits: Your spouse and unmarried children under the age of 21 can accompany you to the country and also obtain green cards.
• Path to Citizenship: After receiving a green card, you can eventually apply for U.S. citizenship.
• Access to Opportunities: As a permanent resident, you can enjoy the same benefits as U.S. citizens, including in-state tuition, government jobs, and certain social programs.
• Flexibility: The EB-2 National Interest Waiver (NIW) category offers flexibility as it doesn’t require a job offer.

Application Process for EB-2 Visa

The EB-2 visa category can be complex and time-consuming. Factors like visa backlogs and employment-based preferences can impact processing times. Consulting with an immigration attorney can help navigate the process effectively. This visa requires an advanced degree, exceptional ability, or a National Interest Waiver to demonstrate work in the national interest of the United States.

• Job Offer or NIW: Secure a job offer from a U.S. employer or meet the criteria for NIW.
• Labor Certification: The company must submit a Labor Certification to the Department of Labor for employment-based EB-2.
• Form I-140 Petition: The employer files Form I-140 with USCIS on their behalf.
• Priority Date: Your priority date is the day your employer submits the I-140 petition.
• Visa Bulletin: Keep an eye on the bulletin to find out when the government sets your priority date to change.
• I-485 Adjustment of Status: You may file Form I-485 to change your status to permanent residence after your priority date becomes current.

You can get more information from the official website at https://www.uscis.gov/ as it contains comprehensive information about the EB-2 visa, including eligibility requirements, application procedures, forms, and processing times.

Frequently Asked Questions and Answers About EB-2 Visa

1. What is the difference between EB-1 and EB-2 visas?

EB-1 is for individuals with extraordinary ability, while EB-2 is for those with exceptional ability or an advanced degree.

2. Can I apply for an EB-2 visa without a job offer?

Yes, if you qualify for the National Interest Waiver (NIW) category, you can self-petition without a job offer.

3. How long does it take to get an EB-2 visa?

Processing times vary significantly based on the category (employment-based or NIW) and the country of birth.

4. What is considered an advanced degree for EB-2 purposes?

An advanced degree typically refers to a master’s degree or equivalent.

5. What kind of evidence is required to prove exceptional ability for EB-2?

Evidence might include awards, publications, media recognition, or original contributions to the field.

6. What is the National Interest Waiver (NIW)?

The NIW is a category for individuals whose work is deemed to be in the national interest of the United States.

7. Can I change jobs after getting an EB-2 visa?

Yes, but you may need to file a new I-140 petition with the new employer. 

8. What happens if my I-140 petition is denied?

A denial can be appealed, but the process can be complex. Consult with an immigration attorney.

9. Can I bring my family to the U.S. on an EB-2 visa?

Yes, your spouse and unmarried children under 21 can accompany you. 

Conclusion

Through the acquisition of an EB-2 visa, it is possible to establish a permanent presence in the United States of America and take advantage of the advantages that come with working and living in the nation.