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Employment-Based Immigration: Second Preference EB-2 | USCIS

Overview:

  1. What is the EB-2 visa?
  2. What are the benefits of an EB-2 visa?
  3. What are the requirements to get an EB-2 visa?
  4. What is the process for applying for an EB-2 visa?
  5. What documents are needed to apply for an EB-2 visa?
  6. What forms are required to apply for an EB-2 visa?
  7. EB-2 visa fees
  8. EB-2 visa processing time
  9. Conclusion

1. What is the EB-2 visa?

The EB-2 visa is for people with outstanding talent or high degrees. It provides the possibility of obtaining a green card. Under EB-2, there are three categories. Advanced degree holders should apply under EB-2A. Those with extraordinary potential should fall under the EB-2B group. Those whose permanent residency is in the best interest of the United States fall under the EB-2C category.

2. What are the benefits of the EB-2 visa?

  • In the U.S., you can maintain a lawful permanent residence.
  • It positions you for possible U.S. citizenship.
  • The process is relatively fast.
  • Your spouse and dependent children are welcome to join you in the United States.
  • Your spouse is qualified for E-21 status, and your children under 21 who are not married are qualified for E-22 status. Your spouse is qualified to work in the United States after completing the Employment Authorization Documents, and your children are qualified to attend school.

3. What are the requirements to get an EB-2 visa?

A graduate degree or its equivalent is required. You must have a master’s degree or above for this. If you just have a bachelor’s degree, you must have at least 5 years of working in roles that got progressively harder. You must have a valid job offer from a legitimate employer in the U.S. who is ready to sponsor you. The position must be in the field for which you hold a graduate degree, and the position must be in the same industry as your prior work or education.

The requirements for the EB-2B category are:

You must have exceptional ability. This can be in the sciences, arts, or business. This is shown by meeting at least three of the following requirements:

  • An academic degree in the field.
  • 10 years of full-time experience in the field.
  • License or certificate to practice in the field.
  • A salary that suggests exceptional ability.
  • Membership in a professional association related to the field.
  • Recognition in the field from experts.
  • Other comparable evidence of exceptional ability.

You must demonstrate that granting you an EB-2 is in the national interest of the United States.

This implies that if you are awarded an EB-2 visa, you must be able to help the United States. You do not need a work offer, unlike the EB-2A and EB-2B visas. Additionally, you also do not require a sponsor. For an EB-2C visa, you can apply on your behalf.

4. What is the process for applying for an EB-2 visa process?

The procedure for applying for an EB-2 visa consists of numerous parts. These steps include but are not limited to:

  • Permanent Labor Certification

ETA Form 9089 is necessary for an EB-2A or EB-2B visa. An employer sponsor is necessary for both the EB-2A and EB-2B visas. You can omit this stage and instead file your petition for an EB-2C visa. You must also advertise in at least three of the following:

  • At job fairs
  • On your website
  • On other job search websites
  • On school campuses
  • Through professional organizations
  • Through private firms
  • Through referral programs
  • In-campus career offices
  • In other newspapers
  • On radio or television

All records related to your PERM labor certification application must be kept for a maximum of three years. This is if you are chosen for an audit.

  • Complete and submit Form I-140

The petitioner must file Form 1-140 as soon as they learn that their permanent labor certification has been authorized. You will receive Form I-797 if USCIS accepts your Form I-140.

The procedure is slightly different if you are already in the country when your EB-2 priority date becomes valid. You will submit Form I-485 after your EB-2 priority date passes and your Form I-140 gets accepted. This form is used to update your permanent residency status. Additionally, Form I-485 will be delivered to USCIS. You can get EB-2 permanent residence status in the U.S. if USCIS accepts Form I-485.

  • Final Green Card Interview (either at the U.S. consulate or with USCIS)

5. What documents are needed to apply for an EB-2 visa?

The application for an EB-2 visa may involve several different papers. The general list is provided below. The particular paperwork you will require will depend on your unique circumstances.

  • Evidence of academic degrees
  • Articles or publications about you
  • Letters from experts in the field
  • Copies of contracts between the employer and beneficiary
  • Letters from current or previous employers
  • Evidence of grants or patents

6. What forms are required for an EB-2 visa?

An EB-2 visa requires the completion of various forms. A few of these are covered below.

The application for Alien Employment Certification is Form ETA-750. As part of the Permanent Labor Certification, this form is filed. A petition cannot be submitted until it has been accepted. Form ETA-750 is only exempt from completion if you are applying for a national interest waiver (EB2-C). The U.S. employer fills out this form. A job is approved if it does not negatively impact any American employees.

The Immigrant Petition for Alien Workers is Form 1-140. The US employer submits this form on the beneficiary’s behalf. A beneficiary may only submit this form if they are self-petitioning and requesting the national interest waiver (EBC-2).

7. EB-2 visa fees

The EB-2 visa application procedure involves several expenses. These costs were accurate at the time this was published, but they might change.

  • Form I-140 filing fee: $700
  • Form I-485 filing fee (if applicable): $750-$1,140, depending on age
  • Biometrics fee (if applicable): $85
  • DS-260 filing fee (if applicable): $230 (for more information on DS-260, click here.
  • Premium processing fee (if applicable): $1,440
  • Other costs (including photocopying, translation, and lawyer fees): vary on a case-by-case basis.

8. EB-2 processing time

Normally, it takes 6 months after submitting your PERM labor certification answer to arrive. However, this procedure may be delayed by about a year if you are the target of an audit. Numerous factors will affect how long it takes to process your EB-2 visa. You must take all the necessary steps.

9. Conclusion

The EB-2 category of green cards is open to those with remarkable talent or advanced degrees. It is an excellent alternative for those looking to become permanent residents. It comes with many benefits, but it is strongly advised that you look over your documents before submitting them so the processing time is not delayed.