EB-2 Visa

Most EB-2 applicants or beneficiaries must also meet at least three of the below requirements:

• Provide official academic records showing a relevant degree.
• At least 10 years of documented work experience.
• Professional licenses / certifications.
• Documentation of salary level commensurate with exceptional ability.
• Evidence of membership in a relevant professional organization/association.
• Industry recognition of achievement in relevant fields.
• Additional forms of similar evidence attest to exceptional ability.

Most applicants must have the following:

• An approved labor certification,
• A job offer,
• Requisite forms must be submitted by the employer.

In addition, an applicant can forego the labor certification requirement by applying for a national interest waiver. This means that the labor certification can be waived if the applicant and his qualifications are in the interest of the United States. The applicant will still need to meet one of the two aforementioned sub-categories. The applicant is able to self-petition which means that they will not need a job offer or employer sponsorship. 

There are annual quotas for EB-2 that include a worldwide limit as well as a per-country limit.

Eligibility - Advanced Degree

One of the eligibility sub-categories is the requirement that the applicant have an advanced degree. An advanced degree is at minimum a bachelor’s degree plus five years of progressive work experience in the specific field. An applicant must show evidence of meeting the advanced degree eligibility category by providing acceptable documentation. Such documentation would include an official academic record, or equivalent. Letters from employers, past and present, should also be provided to show requisite years of progressive work experience in the field related to the bachelor’s degree. 

Eligibility - Exceptional Ability

Another eligibility sub-category is the requirement that an applicant show exceptional ability in the sciences, arts or business. The applicant must also show that this exceptional ability must benefit the US economy or cultural/educational interest. Exceptional ability must be at a degree above what is the normal standard encountered in the aforementioned field. Applicants must show evidence of their exceptional ability buy providing relevant documents depicting the applicant’s expertise/abilities. Relevant documents and evidence may include industry licenses or certifications, membership in professional associations, recognition of achievement by industry/field peers, professionals, and/or organizations. 

National Interest Waiver

An applicant who meets the Advanced Degree and Exceptional Ability eligibility requirements, and whose academic background and outstanding abilities are in the best interest of the United States, then an applicant may self petition. The applicant can self petition by also applying for a National Interest Waiver. By applying for this waiver, the applicant will not need a job offer/employer sponsorship as part of his overall EB-2 application. This is a discretionary waiver and USCIS will determine whether an applicant has met the standard necessary to show that the waiver is in the interest of the US. 

The applicant will have to show that they will be working in their academic/specialized field. Their proposed endeavor must have both substantial merit and national importance. 

Application Process and Forms

In general, the application process for an EB-2 first requires an employer to first file a Permanent Labor Certification with the US Department of Labor. This process requires that the employer establish several factors about the job opening for the foreign applicant. The factors that an employer must be establish about the job opening include:

• That the job opening is available in a specified professional field, 
• That the job is also available to US workers, 
• That a foreign worker is needed, and 
• That the pay for the job is at a prevailing industry rate.

To establish these factors the employer must go through a recruiting process for the open position. This is to ensure and demonstrate that no qualified US worker is available for the requisite position. 

If the aforementioned requirements are met and properly filed with the Department of Labor, a PERM form will be issued. Applicants who are submitting a National Interest Waiver will not need employer sponsorship and will be able to skip this step.

Once the PERM form is issued then the employer will next have to submit Form I-140, Immigrant Petition for Alien Workers. The requisite filing fee and all requisite documents and evidence must also be submitted on behalf of the beneficiary. (If an applicant is self-petitioning, then they would file the I-140 form on their own behalf.) Once the form is submitted, the beneficiary will receive a receipt notification. The beneficiary will also receive their EB-2 priority date. In most instances, one must wait for their priority date to be current before continuing on the next step. For most countries the priority date is current as soon as the I-40 is approved, although several countries can see a longer wait time. 

The next step in the process is dependent on where an applicant is located, whether they are in the United States or outside of the country. 

If the applicant is outside of the United States, they will go through consular processing. This means that their documents and interview will be conducted at the applicable US Embassy or Consulate. If the applicant is approved then they will receive travel permission and will be stamped as a permanent resident upon arrival to the US. 

If an applicant is in the United States, then they will go through a process of adjustment of status. To do this, the applicant will file Form I-485, Application to Register Permanent Residence or Adjust Status and go through the applicable process. The last step will be the receipt of the official decision.

To begin with, if a labor certification is required then that process can take anywhere from 8 months to 2 years. The longer time frames especially apply when a company is audited to ensure compliance. 

Once the I-140 is submitted, applicants should expect at least a 6-month processing time frame. A premium processing service is available which can shorten the processing time from 6 months to 15 calendar days. There is a cost associated with the premium processing service. Premium processing currently costs $2,500.

If an I-485 is filed then an applicant can expect an additional 6 month processing time. Consular processing time frames can vary beyond that. In total, an applicant can expect a 1.5 year to several years time frame from start to finish. 

The spouse and unmarried children, under the age of 21, of an applicant may be admitted to the US under an E-21/E-22 immigrant status.