Navigating the path to U.S. permanent residency through the EB2 visa can be a strategic decision for professionals with advanced degrees or exceptional abilities.
The EB2 visa category, distinguished by its preference for individuals who demonstrate significant expertise and promise in their fields, offers a valuable opportunity for those seeking to leverage their skills on American soil.
This comprehensive guide will delve into the detailed requirements, the application process, and essential tips for qualifying for an EB2 visa. This will help you determine if a visa consultation is right for you.
Whether you are a scientist, artist, or business professional, understanding how to navigate this path efficiently is crucial. Our goal is to equip you with the knowledge and strategies needed to streamline your application process and increase your chances of success.
Applying for the EB2 Visa
Here are the steps to take to apply for the EB2 visa:
- Labor Certification: Before applying for the EB2 visa, your potential employer must obtain a labor certification from the U.S. Department of Labor. This certification verifies that no qualified U.S. workers are available for the position.
- Form I-140: After the labor certification is approved, your employer can file Form I-140, Immigrant Petition for Alien Worker, on your behalf. This form establishes your eligibility for the EB2 visa and provides evidence of your qualifications.
- Priority Date: The priority date is when you file the labor certification. Keeping track of this date is essential as it determines your place in line to receive an immigrant visa number. The priority date often significantly impacts the waiting time for visa processing.
- Visa Number Availability: Once your priority date becomes current, meaning that visas are available for your category and country, you can move forward with the final steps of the EB2 visa process.
- Adjustment of Status or Consular Processing: Depending on your circumstances, you will either apply for an adjustment of status if you are already in the United States or undergo consular processing if you are outside of the country.
Adjusting your status allows you to become a permanent resident, while consular processing requires an interview at a U.S. embassy or consulate.
EB2(A): Professionals Holding Advanced Degrees
The EB2(A) visa is designed specifically for professionals who possess advanced degrees, such as master’s degrees or higher. It is also available to individuals with exceptional sciences, arts, or business.
The beauty of this visa category is that it allows you to showcase your skills and talents, opening up opportunities for further growth and success in your chosen field.
To qualify for the EB2(A) visa, you must meet certain criteria. First, you must have a job offer from a U.S. employer willing to sponsor your visa application. The employer must provide a written job offer outlining the terms and conditions of employment, including the offered salary.
It’s important to note that the salary offered should meet the prevailing wage requirements established by the Department of Labor to ensure fair compensation for you and any U.S. workers.
In addition to the job offer, you must demonstrate that you possess an advanced degree or its equivalent. This can be a master’s degree, doctorate, or a foreign degree equivalent to a U.S.-awarded advanced degree.
If you do not have an advanced degree, you may still be eligible if you possess a bachelor’s degree and can demonstrate at least five years of progressive work experience in your field.
Apart from the educational qualifications, you must prove your exceptional ability in your chosen field. You can achieve this by providing evidence of outstanding achievements in your expertise.
Such evidence may include documentation of published materials, professional licenses or certifications, recognition for your work, or membership in professional associations. Remember, the more evidence you can present, the stronger your case will be.
Once you have gathered all the necessary documents and met the EB2(A) visa criteria, it’s time to file your application. The process involves completing Form I-140, Petition for Alien Worker, and submitting it to the U.S. Citizenship and Immigration Services (USCIS).
Along with your completed form, you must include the required supporting documents, such as your job offer letter, proof of your educational qualifications, evidence of exceptional ability, and other relevant documentation.
It’s essential to ensure that all the information and documents you provide are accurate and authentic to ensure the visa application process runs smoothly. If needed, you may seek the assistance of an EB2 immigration attorney to guide you through the application process and help you compile a solid and compelling case.
EB2(B): Persons with Exceptional Ability
Persons with exceptional ability refer to individuals with expertise significantly above the average in their field. If you believe you have extraordinary skills in arts, sciences, or business, you may be eligible for a Visa EB2(B) under this category.
You must meet specific criteria demonstrating your exceptional abilities to qualify for an EB2(B) visa. Note that some of these steps are similar or the same as the EB2(A) visa requirements.
- Determine your field of exceptional ability: The first step is to identify the area in which you excel. It can be arts, sciences, or business. Remember that you must prove exceptional ability with extensive documentation and recognition.
- Gather evidence of exceptional ability: To back up your claim of extraordinary ability, you need to compile evidence such as degrees, certifications, licenses, publications, awards, and testimonials. These documents should showcase your accomplishments and how your work has significantly impacted your field.
- Job offer or national interest waiver: In most cases, you will need a job offer from a U.S. employer who is willing to sponsor your EB2(B) visa application. However, you can also qualify for a national interest waiver, which means you don’t need a job offer if your exceptional ability is deemed in the national interest of the United States. This typically applies to individuals with extraordinary abilities in the sciences or arts.
- Labor certification: If you have a job offer, the potential employer must obtain a labor certification from the U.S. Department of Labor. This certification ensures that hiring a foreign national with exceptional abilities will not negatively impact U.S. workers’ job opportunities and wages.
- File Form I-140: You must file Form I-140 once you have a job offer or qualify for a national interest waiver.
- Provide evidence of job offer or national interest: Along with Form I-140, you must submit supporting documentation, including the job offer letter or national interest justification. This evidence confirms that your exceptional abilities are recognized and valued by the employer or by the U.S. government for national interest cases.
- File Form DS-260: After USCIS approves your Form I-140, you will need to file Form DS-260, Immigrant Visa and Alien Registration Application, with the U.S. Department of State. This form is typically filed online and requires providing personal information, background details, and paying the necessary fees.
- Attend an interview and medical examination: As part of the EB2(B) visa application process, you will need to attend an interview at the U.S. embassy or consulate in your home country. Additionally, you must undergo a medical examination to ensure you meet the health requirements for entry into the United States.
- Receive the visa and travel to the United States: If the U.S. embassy or consulate approves your application, you will receive the EB2(B) visa. This visa allows you to travel to the United States to live and work in your chosen field of exceptional ability.
Remember, the EB2(B) visa is a challenging category to qualify for. Extensive evidence and documentation are required to prove your exceptional abilities. Therefore, it’s crucial to seek the help of an immigration attorney or a specialist to guide you through the application process.
EB2(C): National Interest Waiver
Are you an individual with exceptional abilities in the field of science, arts, business, or athletics? Or perhaps you possess advanced degrees and can contribute significantly to the United States?
If so, the Employment-Based Second Preference Category (EB2) might be the right visa for you! Within the EB2 category, there is a special provision called the National Interest Waiver (NIW), which allows highly skilled individuals to bypass the cumbersome labor certification process.
The National Interest Waiver is an exceptional opportunity for individuals who can demonstrate that their work serves the national interest of the United States. This means that your contributions must significantly benefit the nation, making your expertise crucial to the country’s development, welfare, or cultural advancements.
It is important to note that obtaining a National Interest Waiver is not easy, but with careful preparation, your chances of success can increase.
To qualify for the EB2(C): National Interest Waiver, you must meet three key requirements:
- Exceptional Ability: You must possess exceptional ability in your field, which means you are at the top of your profession and have a degree of expertise significantly above the ordinary level.
You can demonstrate this through evidence of your achievements, such as awards, publications, memberships in professional associations, or any other acclaim that showcases your exceptional abilities. - National Interest: You must prove that your work is of substantial intrinsic merit and will explicitly benefit the United States. This requirement assesses whether your contributions are in an area of substantial importance to the country’s interests. Gather supporting evidence highlighting your work’s significance and impact on the nation’s interest.
- National Interest Waiver: Finally, you must show that it is in the national interest of the United States to waive the job offer and labor certification requirements, which are otherwise necessary for obtaining an employment-based visa.
To strengthen your case for EB2(C): National Interest Waiver, consider including the following supporting evidence:
- Documentation of exceptional abilities: Compile a comprehensive portfolio of your accomplishments, including degrees, licenses, patents, publications, awards, and any other evidence that showcases your exceptional abilities. This will highlight your expertise and contribute to your overall case.
- Letters of recommendation: Obtain recommendation letters from experts in your field who can validate your exceptional abilities and attest to the significance of your work. These letters should clearly explain why your contributions are vital to the national interest of the United States.
- Evidence of past work: Present evidence of your previous work that clearly impacted the industry or field. Demonstrating your previous contributions and achievements will strengthen your case for being a valuable asset to the United States.
- National interest statement: Craft a compelling and concise statement that clearly outlines how your work serves the national interest of the United States. This statement should explain the importance of your research, projects, or endeavors and showcase how they fulfill critical needs or advance the country’s well-being.
Remember, the key to obtaining an EB2(C): National Interest Waiver is thorough preparation and effective communication of your exceptional abilities and the national interest your work serves. Seeking the assistance of an experienced immigration attorney specializing in EB2 visas can significantly enhance your chances of success.
Labor certification process (PERM)
The PERM labor certification process is a critical step in obtaining an EB2 visa, as it ensures that only qualified U.S. workers are available to fill the position being offered to the foreign national.
It protects the interests of U.S. workers and ensures that foreign workers are not hired at the expense of American employees. Before an employer can petition for an EB2 visa on behalf of an employee, they must go through the PERM process.
Step 1: Job Advertisement
The first step in the PERM process is for the employer to perform a labor market test by advertising the position in various mediums. This ensures that the job is visible to potential U.S. workers who may be interested and qualified to fill the role.
The advertisements must include specific information about the job requirements, skills, and qualifications necessary for the position. This step typically involves placing job ads in professional journals, newspapers, and online job portals for a specific duration.
Step 2: Audit File Preparation
Once the job advertisements have been posted, the employer must collect resumes and conduct interviews with potential U.S. workers who express interest in the position.
The employer must maintain detailed records of these recruitment efforts for future reference. These records will later be used to create an audit file, which includes documentation of the recruitment process and how U.S. workers were assessed for the position.
It is imperative to be diligent during this step, as discrepancies or inconsistencies may lead to delays or denials in the PERM process.
Step 3: Filing the Labor Certification Application
After completing the recruitment process, the employer can proceed to file the Labor Certification Application (LCA).
This application requires the employer to submit detailed information about the job requirements, the qualifications and experience of the foreign worker, and a statement explaining why no qualified U.S. worker was available for the position.
The LCA and the required filing fees must be submitted to the Department of Labor (DOL) either electronically or by mail.
Step 4: DOL Processing
Once the LCA is submitted to the DOL, the application will be thoroughly reviewed to ensure that it complies with all the necessary requirements.
If any information is deficient or missing, the DOL may issue a Notice of Deficiency (NOD) requesting the employer provide the required documents or clarification.
Responding to the NOD promptly is crucial to avoid any unnecessary delays in the process. Once the DOL is satisfied with the application, they will issue the certified LCA to the employer.
Step 5: Visa petition and Approval
With the certified LCA, the employer can finally file an I-140 petition for the employee, which is the second step in the EB2 visa process. This petition includes evidence that the foreign employee meets all the eligibility criteria for the visa category.
The evidence may include educational qualification documents, employment letters, and reference letters. You must submit the I-140 petition to the United States Citizenship and Immigration Services (USCIS).
Once the petition is approved, the employee can proceed with the final step of the visa process – filing Form I-485 for adjustment of status or the immigrant visa application at a U.S. consulate abroad.
So, there you have it. That’s how to apply for the Visa EB2.
Apply for your Visa EB2 with ImmiVisa
If you’re considering applying for an EB2 visa and want to ensure that your application stands the best chance of success, professional guidance is key. At ImmiVisa, our team of experienced EB2 immigration lawyers is ready to assist you every step of the way.
From navigating the complex criteria of the EB2 visa to preparing your application and supporting you through the interview process, our experts are here to provide the support and expertise you need. Don’t navigate this critical journey alone; contact ImmiVisa today to schedule a visa consultation and take the first step towards securing your future in the United States with the help of a trusted EB2 immigration lawyer.