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EB-2 Visa

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What is an EB-2 Visa?

An EB-2 is an employment-based immigrant green card visa category. This means that an approved applicant will get permanent residency, or green card.

This second preference visa category includes the following qualification sub-categories:

  • Foreign nationals holding advanced degrees or an equivalent; and
  • Individuals with exceptional abilities in the sciences, arts, or business that will benefit the economy, cultural, or education interests/welfare of the US.

Click the EB-2 visa category below to learn more about:

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If you or a loved one are interested in an EB-2 Visa, our lawyers are here to answer your questions. Give our office a call or fill out a contact form to shcedule a consultation.

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Questions About EB-2 Visas?

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Although an advanced degree for the purposes of an EB-2 is generally a degree above bachelor’s or a foreign equivalent, individuals with a bachelor’s degree may qualify for an EB-2 provided other conditions are met. A bachelor’s degree with at least five years of subsequent progressive experience in the specialty field can suffice or stand in equivalence to an advanced degree.

An applicant may qualify for an EB-2 NIW provided they first qualify under the EB-2 visa, and their proposed endeavor meets the following criteria:

  • The endeavor is of substantial merit and of national importance,
  • The foreigner is well-positioned to advance the endeavor, and
  • It is of significant benefit to the national interest.

Because the burden to prove the above criteria is on the foreign petitioner, would-be applicants should consult an experienced attorney when self-petitioning. This is to ensure that the proper documentation and evidence is provided to establish and meet the requisite standards. Nonetheless, it is important to keep in mind that waivers are determined by the officer who adjudicates the case and it is ultimately up to their discretion whether they grant the requested waiver on a case by case basis.

There are various documents and evidence that can be provided to establish the level of contribution to the national interest. Below is a list of some of these items/documents. This is not an exhaustive list and additional documents can be added. An experienced attorney can help determine which documents and evidence will be best.

Evidence in EB-2 cases

  • Letters of recommendation (4 to 6 is generally recommended)
  • Membership in relevant organizations and associations
  • Industry awards
  • Published works and citations
  • Licenses, certifications or contracts
  • Third part publications regarding the applicant and their achievements

Yes, a foreigner can go through an EB-2 process or self-petition for an EB-2 NIW without an attorney. However, the EB-2 process is complicated and the potential for technical and clerical errors to cause disruptions, or even lead to a denial, are high. Employers often use attorneys to help them through the EB-2 process. Applicants for the EB-2 NIW should consult an attorney to ensure that minor mistakes do not end up in a denial or significant delays in this already extensive process. 

Once a foreign applicant has been approved for an eb-2 visa, the applicant’s spouse and unmarried children under the age of 21 can also be petitioned for. The applicant’s spouse must apply for an E-21 visa and the children for an E-22 visa. Once the visas are approved, the spouse will be eligible for an Employment Authorization Document (EAD) to be able to work in the US.