EB2 Visa

Employment-Based Immigration Second Preference (EB-2)

You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent or a foreign national with exceptional ability. Below are the occupational categories and requirements.

Criteria

Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other learning institution relating to your exceptional ability.
Letters documenting at least ten years of full-time experience in your occupation.
A license to practice your profession or certification for your job or occupation.
Evidence that you have commanded a salary or other service remuneration demonstrating 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, and professional or business organisations.
Other comparable evidence of eligibility is also acceptable.

In addition to family and immediate relative visas, the US offers employment visas to eligible individuals seeking work there. The EB visas enable foreign workers with a willing employer to permanently reside in the US and work without an Employment Authorization Document. However, the Employment Sponsored Visas are limited to a cap of 140,000 per year, divided among the five visas, resulting in longer processing times. When the visa limit is met, applications must wait for their turn in the following years. As a result, individuals seeking employment-based visas must wait for their priority dates to become current to qualify for US immigration.

What is the EB-2 visa?

The EB-2 visa, or the Second Priority Workers visa, targets three groups of people. These groups are:

Advanced Degree Holders – are those who have advanced educational degrees such as a Bachelor’s or a Master’s Degree and five years of experience in their field
People with exceptional abilities – are those who have demonstrated excellent skills and achievements in business, arts, or sciences
Those who can obtain a National Interest Waiver – are those who can demonstrate that working in the US would benefit the country and is in the US national interest

If you fall into any of these categories, you may be eligible for an EB-2 visa. This visa allows for permanent relocation to the United States, where you can work in your area of expertise and enjoy the privileges of being a permanent Green Card holder. It is necessary to comply with all applicable tax laws and U.S. legislation and be permitted to travel in and out of the country, change jobs after a few years, and relocate from one state to another. Furthermore, if you meet the requirements, you can seek US citizenship and become a naturalised citizen.

Due to a limit on the yearly issuance of employment-based visas, only 28.6% of the 140,000 immigration visas are designated for EB-2 visas. This includes any remaining visas from the EB-1 category. Essentially, the EB-2 visa category receives 40,040 visas plus those left from EB-1—unfortunately, the low number of available visas results in prolonged waiting times for EB-2 visa applicants.

What are the requirements for the EB-2 visa?

To be eligible for an EB-2 visa, there are requirements that the foreign employee or worker and the US employer must meet. To qualify as an Advanced Degree Holder, you must fulfil these requirements:

Prove through academic records that you have an advanced educational degree such as a Bachelor’s or Master’s Degree or a US equivalent
Have previous employer’s letters proving that you have five years of experience in your field of expertise after you completed your Bachelor’s Degree

To qualify as a person with exceptional abilities or a national interest waiver, you must meet three of the criteria below:

Show diplomas, certificates, or awards which prove you have achieved excellence in business, arts, sciences, or other fields of expertise
Have letters from employers proving at least ten years of full-time job experience in your field of study
Have a license or a certification which shows you can practice your profession
Prove that you have had a high salary in your previous jobs, which shows that you have exceptional abilities
Show that you have membership in one or more professional associations
Prove that you have won recognition for your achievements and contribution in your field of expertise by your peers, professional organisations, or the government
For the national interest waiver, you must also submit proof that your work is in the interest of the US government

If you are a US employer who wants to hire a person and sponsor a foreign worker for an EB-2 visa, you must meet these requirements:

Prove that you could not find an available, willing, or qualified US worker, and so you need to hire a foreign worker
Prove that you will not discriminate towards the foreign worker and will pay them the same wage you would pay a US worker in the same job position
Prove that your company is financially stable and can afford to pay the foreign worker

How Can AtoZ Serwis Plus Help You?

The EB2 visa requires the highest quality of documentation to give your petition a chance at success. AtoZ Serwis Plus has the knowledge and experience to ensure your application is thorough and meets all benchmarks. Our teams assist with the following:

To work at a branch, parent, affiliate, or subsidiary of the current employer
Job Search Assistance in the US
Preparing your documentation
Complete Application Processing
Forms, Documentation & Petition Filing

FAQs

How to apply for the EB-2 visa?

Applications for EB-2 visas have multiple steps which involve both the employer and the foreign employee. The application process is divided into two parts:

The US employer obtains labour certification and files the necessary petitions
If approved, the foreign employee then applies for the EB-2 visa at a US Embassy in their home country

Application procedures from US employer

Getting the labour certification

The first requirement for a US employer to hire a foreign employee is to get a labour certification from the US Department of Labor. This is done by filing Form ETA 750 to the DOL. By submitting this form, the US employer states that they have tried to find a US employee for that position but could not and that the foreign worker will be paid a prevailing wage.

The DOL processes the form, and the employer and employee are notified of the decision. If approved, the US employer can go on to the next step, but if the certification is denied, the foreign worker is not allowed to get an EB-2 visa.

Filing the petition

In addition to the labour certification, the employer must petition the US Citizenship and Immigration Services (USCIS). This is done by filing Form I-140, Immigrant Petition for Alien Worker. The employer must also attach financial statements, audits, and tax returns to prove that the company is financially stable.

USCIS will process the petition and will notify the employer. The case will go to the National Visa Center (NVC) if approved. If denied, the US employer cannot hire a foreign worker.

When the case goes to the NVC, they assign a case number and invoice ID number. These documents will be part of the package with instructions on applying that will be sent to the foreign employee in their home country. However, since there is a cap on the EB-2 visas, the NVC will only send this package when the applicant’s priority date becomes current.

Application procedures for foreign worker

File Form DS-261, Choice of Address and Agent

The applicant or foreign worker must complete this form which serves as an application for the EB-2 visa. The US Embassy or Consulate will process the state they are applying from.

Complete medical examination and vaccination

The NVC package will also include requirements about medical examinations and vaccination that the applicant must conduct. The applicant must go to a licensed doctor to complete the documents and have them signed.

Could you compile the supporting documents file?

After the NVC approves your Form DS-261, you must send the supporting documents for your case. This includes the following:

Your passport, which must be valid for more than six months after your intended departure to the US
Your employment offer from the US employer
The approved labour certification
The approved petition
Your DS-261 confirmation page
Your signed medical and vaccine documents
Two photographs that meet the US visa Photo Requirements
Academic achievements (diplomas and certificates)
Your CV or resume
Letters from previous employers
If applying for a National Interest Waiver, submit proof of why your work is in the US national interest.
Court and criminal records
Depending on the case, the NVC might require other supporting documents, so you must follow their instructions carefully.

Could you attend the visa interview?

The NVC will review your application and supporting documents, and if there are no more requirements, they will schedule an interview for you at the US Embassy you are applying from. Attend the interview and be as specific as possible in answering the questions regarding your background and other details. The interviewer will make the final decision on whether you should be given an EB-2 visa or not.

Receive the NVC package and travel to the US.

If your EB-2 visa is approved, you will receive a package from the NVC. It would help if you did not open this package under any circumstances. When you travel to the US, take it with you and give it to an immigration officer at a US port of entry. Only they are allowed to open it and decide whether you should be allowed to enter the country or not.

What are the EB-2 visa fees?

There are many fees which both the US employer and the foreign worker must pay for the EB-2 visa. The amounts vary and are decided by the DOL, USCIS, and the US Embassy in the country you are applying from. In general, your employer and you will have to pay the following fees:

DOL Labor Certification fee (employer)
USCIS Form I-140 petition filing fee (employer)
Form DS-261 processing fee (employee)
Medical examination fees (employee)
Fees to obtain supporting documents (employee)
Any translation fees from foreign language to English (employee)

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

The time for an EB-2 visa to be processed can range from one year to three or four years. Since there is a cap on the limit of annual passes given for EB-2, the processing time can be extended. The tickets are processed in order of application, so if you have applied earlier, you might get processed faster.

Do I Get Access to American Healthcare With an EB2 Visa?

You will have access to healthcare in the United States as an EB2 visa holder. However, the costs of getting medical treatment in the US are one of the highest in the world.

Treating a broken leg or arm will cost you $2,500, while staying at a US hospital may cost over $10,000, on average. You should pick a health insurance plan for immigrants that fits you best, which overall is also affordable and covers your needs.

Can I bring my family to the US with an EB-2 visa?

If you have an approved and valid EB-2 visa, you can have your spouse and unmarried children under 21 years old join you. Your spouse must apply for the E-21 visa, and your children for the E-22 visa.

After getting their visas, your spouse can work in the US by getting an Employment Authorization Document (EAD).

Other Types of Employment Based Visas

The employment visas are denoted with the letter E and are of 5 types:

EB-1 Visa or First Priority Workers Visa is for outstanding professors, researchers, people with extraordinary abilities in arts, science, business, athletics, or education, as well as executive managers who have worked at a foreign branch of a US company for the past 3 years
EB-2 Visa or Second Priority Workers Visa is for professionals with advanced degrees and people with extraordinary arts, sciences, or business abilities.
EB-3 Visa or Third Priority Workers Visa is for skilled workers with more than two years of experience, professionals with a higher education degree, or unskilled workers with less than 2 years of experience (EW-3 Visa).
EB-4 Visa or Fourth Priority Workers Visa is for various religious, government, or international organisations workers
EB-5 Visa or Fifth Priority Workers Visa is for investors in the US who will invest between $500K to $1 million in the US economy