What is the EB2 Visa?

The EB2 visa is a green card option available to individuals with exceptional ability or advanced degrees. It encompasses three categories: EB2-A (for advanced degree holders), EB2-B (for those with exceptional ability), and EB2-C (for those serving the national interest of the United States). The EB2 visa falls under the second preference employment visa, with an annual allocation of approximately 40,000 visas. However, the 7% cap per country can lead to varying waiting times for applicants from different nations.

EB2 Visa Benefits

The EB2 visa offers numerous advantages:

• Attainment of legal permanent residency in the United States.
• Relatively fast processing times compared to other immigration routes.
• Eligibility for spouses (E-21 status) and unmarried children under 21 (E-22 status) to accompany the primary visa holder. They can attend school, and spouses can eventually work in the U.S.

EB2 Visa Requirements

Requirements for the EB2 visa vary based on the specific category:

EB2-A Category (Advanced Degree Holders):

• Possession of an advanced degree (typically a master’s degree or higher).
• A valid job offer from a U.S. company.
• The job offer must align with the field of the advanced degree.

EB2-B Category (Exceptional Ability):

• Exceptional ability in sciences, arts, or business, demonstrated through meeting at least three of the specified criteria, such as academic degrees, experience, or professional recognition.
• A valid job offer from a U.S. company.
• The job’s duties must relate to the area of exceptional ability.

EB2-C Category (National Interest):

• Meeting at least three of the specified criteria demonstrating exceptional ability.
• Proving that granting an EB2 visa is in the national interest of the United States.
• No need for a job offer or a sponsor, and no PERM labor certification required.

The EB2 visa application process consists of several key steps:

• PERM Labor Certification: Required for EB2-A and EB2-B categories, involving proving the unavailability of qualified U.S. workers.
• Form I-140 Submission: Filed by the U.S. employer on behalf of the beneficiary.
• Final Green Card Interview: Conducted at a U.S. consulate or with USCIS to obtain an EB2 visa or adjustment of status, depending on the beneficiary’s location.

Documents Required for an EB2 Visa

Documents necessary for an EB2 visa application may include:

• Proof of academic degrees.
• Articles or publications authored by or about the beneficiary.
• Letters of recommendation from experts.
• Contracts between the employer and beneficiary.
• Letters from current or previous employers.
• Evidence of grants or patents.

Forms Required to Apply for an EB2 Visa

Key forms used in the EB2 visa application process include:

• Form ETA-750: Application for Alien Employment Certification (for PERM labor certification).
• Form I-140: Immigrant Petition for Alien Workers (filed by the U.S. employer).
• Additional forms may be required based on individual circumstances.

EB2 Visa Fees

Fees associated with the EB2 visa application process, payable primarily by the petitioner, include:

• I-140 filing fee: $700.
• I-485 filing fee (if applicable): $750-$1140 (age-dependent).
• Biometrics fee (if applicable): $85.
• DS-260 filing fee (if applicable): $230.
• Premium processing fee (if applicable): $1440.
• Other costs (e.g., photocopying, translation, legal fees) vary case by case.