EB2 Visa: Is it a safe option (Ultimate guide)

Do you want to know more about the EB2 visa? This guide will discuss everything you need to know about the EB2 visa. We will cover topics such as eligibility, the application process, and the steps you need to take to get approved. So if you are interested in learning more about this unique visa, keep reading!

What is EB2 Visa

The EB2 visa, also known as the second preference employment-based immigrant visa is available to foreign nationals who have

• Advanced degree OR
• Exceptional ability in arts, science, or business OR
• Those who fall under the category of National Interest Waiver

The holders of this visa are able to bring their spouses and children under the age of 21 to the US. The EB2 visa also gives the visa holders the ability to apply for US citizenship after five years (if they meet all other eligibility requirements)

So who qualifies for EB2 Visa

EB2 visa requirements? Who can apply for EB2 Visa?

let me give an overview of the eligibility criteria to be met for each of the above 3 categories

A. Criteria to be met for individuals who have/need an Advanced Degree (EB-2A)

• The job that you apply for must require an advanced degree (usually a Master’s degree or above like a doctoral degree)
• you must hold the required advanced degree required for the job
• One can also satisfy this requirement by having a baccalaureate or foreign equivalent degree plus 5 years of post-baccalaureate progressive work experience in the field
• Any other requirements that is specified in the Labor Certification (LC) that is filed by your employer must also be met
• The degree could be obtained in the US or a foreign equivalent
• Evidence must be shown in the form of an official academic record that you have a US advanced degree or a foreign equivalent.
• Evidence must also be shown if you just have a US baccalaureate degree or its foreign equivalent but in this case, must be supplemented with letters from current and former employers showing that you have at least 5 years of progressive work experience in the field i.e. post-baccalaureate work experience.

B. Criteria to be met for those individuals who have exceptional ability (EB-2B)

• You must prove exceptional ability in the field of arts, science, or business.
• “Exceptional ability” means a degree of expertise significantly above that is ordinarily encountered in the arts, sciences, or business. Source: USCIS.gov
• you must also meet any other requirements that are specified in the Labor Certification (LC) that is filed by your employer.

In addition to these, you must meet at least 3 of the following criteria

1. 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
2. Letters from current and former employers documenting at least 10 years of full-time experience in your occupation
3. A license to practice your profession or certification for your profession or occupation
4. Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability.
5. Membership in a professional association or associations
6. Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
7. Other comparable evidence of eligibility is also acceptable. Source: USCIS.gov

C.Criteria to be met for National Interest Waiver (EB-2C)

What is EB2 NIW Visa?

According to USCIS, those seeking National Interest Waiver (NIW) are requesting USCIS that the job offer and the Labor Certification (LC) be waived as it’s in the interest of the US.

• Those seeking a national interest waiver can self-petition
• you do not need any employer sponsorship and hence no need for Labor certification

The USCIS considers the below factors while adjudicating NIW

• The proposed endeavor must have both substantial merit and national importance
• The applicant or the individual must be well positioned to advance the proposed endeavor
• The US would benefit to waive the requirements of a job offer and thus the Labor Certification (LC)

How to apply for EB2 Visa

The application process would look different if you are applying under (EB2A or EB2B) vs EB2 NIW (EB-2C)

The process for EB-2A or EB-2B consists of 5 main steps:

1. Get a Prevailing Wage Determination
2. Prove there are no qualified Americans who can perform the same job
3. Applying for the PERM Labor certification
4. submission of form I140
5. If I140 is approved you would apply for I485 (Adjustment of Status)

EB2 Visa cost

As of the publishing date of this article for the USCIS fee :

• No filing fee for the ETA Form 9089 also called Permanent Labor Certification OR Employment certification ( which is with US DOL)
• The cost for filing I140 – $700
• the cost for premium processing(if applicable and optional) – $2500

Then there is a separate fee associated with the Form I485 adjustment of status (considering your I140 is approved)

• this could range anywhere from 750$ to 1225$ for each individual (see the below chart)
• There is also a DS-260 processing fee if you are applying from outside the US, also called the Immigrant visa application – $325, and Affidavit of Support Fees for Form I864 – $120 for a total of $445

Notes: There could be other miscellaneous fees, like attorney fees, medical exam fees, and shipping fees which are not covered here.

EB2 Visa processing time

please check the following link from the USCIS website https://egov.uscis.gov/processing-times/ for the official processing times.

Which is better EB2 or EB1

The answer depends upon the individual circumstances and would considerably depend upon the priority dates. if you can meet the criteria set forth for EB1 then you could choose EB1 over the EB2 visa category

How hard it is to get EB2 Visa

EB2 Visa approval rate?

Going based on the statistics provided by the USCIS for the fiscal year 2019, of the total 78,209 I140 petitions received 65,042 were approved under the EB2 visa category. The rest were either denied or pending. so that’s a significantly higher approval rate than that of the EB1 visa category.

Is EB2 Visa a green card

No. Once Form I140 is approved for EB2 visa, you would then have to submit Form I485 for adjustment of status. Once I1485 is approved you would then get a green card.

Qué es la visa EB2?

La visa EB2, también conocida como la visa de inmigrante basada en el empleo de segunda preferencia, está disponible para ciudadanos extranjeros que tienen

• Título avanzado O
• Capacidad excepcional en las artes, las ciencias o los negocios O
• Aquellos que caen bajo la categoría de Renuncia de Interés Nacional

Los titulares de esta visa pueden traer a sus cónyuges e hijos menores de 21 años a los Estados Unidos. La visa EB2 también brinda a los titulares de la visa la posibilidad de solicitar la ciudadanía estadounidense después de cinco años (si cumplen con todos los demás requisitos de elegibilidad).

Note: Translated to help Spanish-speaking individuals

When will EB2 priority date become current

for the official dates please follow the link to USCIS. Once there follow the link for the current month’s Adjustment of status filing charts and look up the Employment-based preference filing and specifically in this case under the table Employment-based 2nd. There are two tables A. Final action dates and B . Dates for filing table. The dates of the filing table would let you know when you may assemble and submit the required documents for adjustment of status.

Conclusion

EB2 visa is a great option for highly skilled professionals, especially for those having significant years of work experience in their field or an advanced degree in the US or elsewhere who want to live and work in the United States. If you are considering applying for an EB2 visa, be sure to consult with an experienced immigration attorney to ensure that you meet all of the eligibility requirements and overcome the complexities, and understand the process involved in applying under this category. With the help of a knowledgeable attorney, you can increase your chances of success in obtaining an EB2 visa and achieving your long-term goals in the United States.