eb-2 employment green card
1. What is the EB2 visa?
The EB2 visa is a U.S. green card option available to individuals with exceptional ability, advanced degrees, or those whose permanent residence is in the national interest of the United States. It falls under the second preference employment visa category, with an annual allocation of approximately 40,000 visas. The three categories under EB2 include EB2-A for advanced degree holders, EB2-B for individuals with exceptional ability, and EB2-C for those whose permanent residence is in the national interest of the U.S.
2. EB2 visa benefits:
- Legal permanent residency:
- Qualifying individuals can obtain legal permanent residence in the United States, offering benefits such as in-state college tuition, easier travel, and increased stability in immigration status. It also sets the path for potential U.S. citizenship.
- Relatively fast process:
- The EB2 visa is often considered the fastest path to permanent residency for many individuals. Processing times will be discussed in detail later.
- Eligibility of dependents:
- Spouses are eligible for E-21 status, and unmarried children under 21 are eligible for E-22 status. Children can attend school, and spouses, after obtaining employment authorization documents, can work in the United States.
3. EB2 visa requirements:
EB2-A category:
- Advanced degree or equivalent:
- Requires a master's degree or above. If a bachelor's degree is held, a minimum of 5 years of progressively more difficult work experience is necessary.
- Valid job offer:
- Must have a valid job offer from a U.S. company willing to sponsor the applicant.
- Job offer in field of advanced degree:
- The job must be in the same field as the applicant's academic or professional experience.
EB2-B category:
- Exceptional ability:
- Demonstrated by meeting at least three of the specified requirements, such as academic degree, years of experience, licenses or certificates, salary indicative of exceptional ability, membership in professional associations, recognition from experts, or comparable evidence.
- Valid job offer:
- Requires a valid job offer from a U.S. company willing to sponsor the applicant.
- Job offer in field of exceptional ability:
- The duties of the job must involve the area where the applicant has exceptional ability.
EB2-C category:
- Exceptional ability requirements:
- Similar to the EB2-B category.
- National interest requirement:
- The applicant must demonstrate that granting an EB2 visa is in the national interest of the United States. No valid job offer or sponsor is required, and the applicant can file a petition on their own behalf. The PERM labor certification is not needed.
4. EB2 visa process:
- PERM labor certification:
- Required for EB2-A and EB2-B categories. A process involving a job offer, prevailing wage determination, and proof of no qualified U.S. workers.
- Form I-140:
- Filed by the U.S. employer on behalf of the beneficiary after PERM approval.
- Final green card interview:
- Conducted either at a U.S. consulate or with USCIS.
5. Documents required for an EB2 visa:
- Evidence of academic degrees.
- Articles or publications related to the applicant.
- 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. Forms required for an EB2 visa:
- Form ETA-750:
- Application for alien employment certification, submitted as part of the PERM labor certification.
- Form I-140:
- Immigrant petition for alien workers, filed by the U.S. employer or, in the case of EB2-C, by the applicant themselves.
7. EB2 visa fees:
- I-140 filing fee: $700
- I-485 filing fee (if applicable): $750-$1140
- Biometrics fee (if applicable): $85
- DS-260 filing fee (if applicable): $230
- Premium processing fee (if applicable): $1440
- Other costs (including photocopying, translation, and lawyer fees): vary on a case-by-case basis
8. EB2 visa processing time:
- The overall processing time varies based on factors such as application timing, country of origin, and specific case details.
- PERM labor certification usually takes around 6 months.
- Form I-140 processing takes about 6 months, but premium processing is available for a faster response.
- The EB2 visa application process can take between one to several years, depending on individual circumstances.
The EB2 visa is a viable green card option for individuals with exceptional ability, advanced degrees, or those whose permanent residence is in the national interest of the U.S. Understanding its benefits, requirements, and application process is crucial for a successful EB2 visa journey. For further assistance or questions, contact us.
