EB-2 Visa

What is EB-2 Visa?

EB-2 visa, also known as the Employment-Based Immigration (Second Preference), is for individuals with advanced degrees or exception ability. If you hold an advanced degree or have exceptional ability and can show that your activities will substantially benefit the US national interest, you may qualify for the national interest waiver. The visa is divided into three subcategories:

• EB-2A: Advanced Degree
• EB-2B: Exemptional Ability
• EB-2C: National Interest Waiver

EB-2A: Advanced Degree

To be eligible for this category, you must first prove that you hold an advanced educational degree such as a Master’s degree or a US equivalent. If you only hold a Bachelor’s degree, you must also have at least 5 years of post-qualification experience in your field of expertise.

Job offer from the sponsoring US company is required and the offered job must require an advanced degree or equivalent qualifications with duties involving the area where you have exceptional ability.

How to Apply

1. Applicant accepts a job that meets the above requirement
2. Employer files the Permanent Labor Certification (PERM) – ETA Form 9089 with the US Department of Labor
   – Employer certifying that the foreign worker will be paid a fair wage and that the worker’s employment will not adversely impact other employees
3. Employer files the Immigrant Petition for Alien Worker petition – Form I-140 with the US Citizenship and Immigration Services (USCIS)
   – Request for Premium Processing Service available – Form I-907
4. Applicant files Application to Register Permanent Residence or Adjust Status – Form I-485 with the USCIS once the I-140 has been approved
   – The USICS will issue an approval notice – Form I-797 if the petition is approved
5. Attend I-485 interview if you have been invited for an interview
   *USCIS will automatically schedule an interview in the following situations:
   – Legal status and/or identity must be validated
   – Evidence of fraud
   – Applicant has a class A or B medical condition
   – Doubt about the applicant’s qualifications or admissibility
   – Second time the I-485 application was filed
6. Applicant’s status will automatically switch to legal permanent resident status under the EB-2A green card

Applying from Any Country Outside the US

1. Applicant accepts a job that meets the above requirement
2. Employer files the Permanent Labor Certification (PERM) – ETA Form 9089 with the US Department of Labor
   – Employer certifying that the foreign worker will be paid a fair wage and that the worker’s employment will not adversely impact other employees
3. Employer files the Immigrant Petition for Alien Worker petition – Form I-140 with the US Citizenship and Immigration Services (USCIS)
   – Request for Premium Processing Service available – Form I-907
4. Applicant applies for the visa by filing an Online Immigrant Visa Application – DS-260 once the I-140 has been approved
   – The USICS will issue an approval notice – Form I-797 if the petition is approved
5. Schedule an appointment for an EB-2A visa interview with the US Embassy or Consulate
   – All applicants between 13 – 80 years old are required to have an interview
6. Enter US and work for the sponsoring employer once the visa has been approved

EB-2B: Exemptional Ability

This category is for applicants with exceptional ability in the sciences, arts or business and have at least 10 years of experience in the field. Exceptional ability means that you must be significantly more accomplished than others in profession, but not necessary have won international acclaim. Job offer is required from the sponsoring employer.

To qualify for this category, you must provide at least three of the seven listed criteria below:

• 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
• Letters documenting at least 10 years of full-time experience in your occupation
• A license to practice your profession or certification for your profession or occupation
• Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
• Membership in a professional association
• Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organisations
• Other comparable evidence that demonstrates your exceptional ability

How to Apply

1. Applicant accepts a job that meets the above requirement
2. Employer files the Permanent Labor Certification (PERM) – ETA Form 9089 with the US Department of Labor
   – Employer certifying that the foreign worker will be paid a fair wage and that the worker’s employment will not adversely impact other employees
3. Employer files the Immigrant Petition for Alien Worker petition – Form I-140 with the US Citizenship and Immigration Services (USCIS)
   – Request for Premium Processing Service available – Form I-907
4. Applicant files Application to Register Permanent Residence or Adjust Status – Form I-485 with the USCIS once the I-140 has been approved
   – The USICS will issue an approval notice – Form I-797 if the petition is approved
5. Attend I-485 interview if you have been invited for an interview
   *USCIS will automatically schedule an interview in the following situations:
   – Legal status and/or identity must be validated
   – Evidence of fraud
   – Applicant has a class A or B medical condition
   – Doubt about the applicant’s qualifications or admissibility
   – Second time the I-485 application was filed
6. Applicant’s status will automatically switch to legal permanent resident status under the EB-2B green card

Applying from Any Country Outside the US

1. Applicant accepts a job that meets the above requirement
2. Employer files the Permanent Labor Certification (PERM) – ETA Form 9089 with the US Department of Labor
   – Employer certifying that the foreign worker will be paid a fair wage and that the worker’s employment will not adversely impact other employees
3. Employer files the Immigrant Petition for Alien Worker petition – Form I-140 with the US Citizenship and Immigration Services (USCIS)
   – Request for Premium Processing Service available – Form I-907
4. Applicant applies for the visa by filing an Online Immigrant Visa Application – DS-260 once the I-140 has been approved
   – The USICS will issue an approval notice – Form I-797 if the petition is approved
5. Schedule an appointment for an EB-2B visa interview with the US Embassy or Consulate
   – All applicants between 13 – 80 years old are required to have an interview
6. Enter US and work for the sponsoring employer once the visa has been approved

EB-2C: National Interest Waiver (NIW)

Unlike the above categories, you will be exempted to have a job offer and an approved labor certification if you can demonstrate that you have advanced degrees or exception ability in sciences, arts or business and prove that your work is unique and important. Generally, NIW is granted to applicants who are involved in an activity which could prospectively benefit the US national interest. Applicants seeking NIW may self-petition and file their labor certification directly with USCIS.

In addition to providing evidence of an advanced degree or exceptional ability, you must also meet the 3 NIW criteria below in order to demonstrate that it is in the national interest that USCIS waive the requirement of a job offer and an approved labor certification:

• Your proposed endeavor has both substantial merit and national importance
• You are well positioned to advance the proposed endeavor
• It would be beneficial to the US to waive the requirements of a job offer and thus the labor certification

List of Example Documents to Prove That Your Work and Ability Will Benefit the US

• Published articles and media reports that recognise your achievements
• Contracts, agreements or licenses showing the scope and impact
• Reference letters from employers discussing the applicant’s work and its national importance
• Reference letters from experts in the field attesting to the applicant’s work and its national importance
• Evidence of funding that the applicant received for their work
• Evidence of how applicant’s work and/or contributions are used by others in the field

How to Apply

1. Applicant self-petitions by filing the Immigrant Petition for Alien Worker – Form I-140 with the U.S. Citizenship and Immigration Services (USCIS)
2. Applicant files Application to Register Permanent Residence or Adjust Status – Form I-485 with the USCIS once the I-140 has been approved
3. Attend I-485 interview with the US Embassy or Consulate if you have been invited for an interview
   *USCIS will automatically schedule an interview in the following situations:
   – Legal status and/or identity must be validated
   – Evidence of fraud
   – Applicant has a class A or B medical condition
   – Doubt about the applicant’s qualifications or admissibility
   – Second time the I-485 application was filed
4. Applicant’s status will automatically switch to legal permanent resident status under the EB-2C green card

Applying from Any Country Outside the US

1. Applicant self-petitions by filing the Immigrant Petition for Alien Worker – Form I-140 with the U.S. Citizenship and Immigration Services (USCIS)
2. Applicant applies for the visa by filing an Online Immigrant Visa Application – DS-260 once the I-140 has been approved
3. Schedule an appointment for an EB-2C visa interview with the US Embassy or Consulate
   – All applicants between 13 – 80 years old are required to have an interview
4. Enter US and continue to work in your field of advanced degree or exceptional ability

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