EB2 Visa: Advanced Degree or Exceptional Ability

What is an EB2 Visa?

An EB-2 visa is a type of employment-based, second-preference visa for individuals who are members of the professions holding advanced degrees or their equivalent, or who have exceptional ability in the sciences, arts, or business. It is also available for those who have a National Interest Waiver (NIW) which is a special category that allows some individuals to bypass the labor certification process, which is typically required for an EB-2 visa.

To qualify for an EB-2 visa, an individual must have at least a master’s degree or its equivalent, or a bachelor’s degree and five years of progressive work experience in the field. They must also have a job offer and the employer must be able to demonstrate that they are unable to find a qualified U.S. worker for the position.

For EB-2 NIW, an individual must be able to demonstrate that their work is in the national interest of the United States, and that they are well-positioned to advance the proposed endeavor.

The EB-2 visa process typically involves an employer sponsoring the individual and a significant amount of documentation and evidence to demonstrate the individual’s qualifications. It’s important to note that EB-2 visa also has a per-country limit, so it might take longer for citizens of countries with high demand for EB-2 visas.

Who Qualifies for EB2 Visa?

Applying for an EB-2 visa can be a complex process and it’s important to be well-prepared. Here are the general steps to apply for an EB-2 visa:

Obtain a job offer from a U.S. employer that requires an advanced degree or exceptional ability in the sciences, arts, or business.
Obtain the necessary qualifications: A Master’s degree or higher or a Bachelor’s degree and five years of progressive work experience in the field.
If an applicant is applying for EB-2 NIW, research and gather evidence of the national interest of the United States and of the applicant’s ability to advance the proposed endeavor.
The employer will need to file a Labor Certification Application (LCA) with the U.S. Department of Labor (DOL) if the applicant is applying through the standard EB-2 process.
The employer will then need to file an I-140 Immigrant Petition for Alien Worker with the U.S. Citizenship and Immigration Services (USCIS) and include extensive documentation and evidence to support the individual’s qualifications for the EB-2 visa.
Once the I-140 petition is approved, the individual can then proceed with the next step of the process which is to file an I-485 Application to Register Permanent Residence or Adjust Status. If the individual is currently in the U.S. and eligible to file the I-485, the individual can file both the I-140 and the I-485 together. If the individual is outside the U.S. the individual will need to go through Consular Processing.
Prepare for and attend the visa interview if required, and provide any additional documentation or information that the U.S. consulate or embassy may require.
Wait for the final decision on the visa application.

It is important to keep in mind that the process and requirements may vary depending on the individual’s specific circumstances, and it’s advisable to consult an experienced immigration attorney to ensure that all necessary documentation and evidence are included with the petition and that the application is properly prepared and filed.

How to Apply for EB2 Visa?

Here are the general steps to apply for an EB-2 visa:

Obtain a job offer from a U.S. employer that requires an advanced degree or exceptional ability in the sciences, arts, or business. It’s important to note that the job offer must be related to the field of study or area of expertise.
Obtain the necessary qualifications: A Master’s degree or higher or a Bachelor’s degree and five years of progressive work experience in the field. This means that you need to have completed your Master’s degree or have a Bachelor’s degree and have at least five years of experience working in a related field.
If an applicant is applying for EB-2 NIW, research and gather evidence of the national interest of the United States and of the applicant’s ability to advance the proposed endeavor.
The employer will need to file a Labor Certification Application (LCA) with the U.S. Department of Labor (DOL) if the applicant is applying through the standard EB-2 process.
The employer will then need to file an I-140 Immigrant Petition for Alien Worker with the U.

What is the EB2 Visa Interview Process?

The EB-2 visa interview process will vary depending on whether the individual is applying through consular processing or adjusting status within the United States.

For consular processing, the individual will have an interview at a U.S. consulate or embassy after the I-140 petition is approved by USCIS. The individual will need to bring all required documentation to the interview, including the approved I-140 petition, a valid passport, and any other required documents. The consular officer will review the individual’s qualifications and documentation, and may ask questions about the individual’s background, education, work experience, and the job offer in the U.S. The consular officer will also verify the authenticity of the documents submitted.

For those applying for adjustment of status, the individual will have an interview with a USCIS officer after the I-485 application is filed. The interview will usually take place at a local USCIS office. The individual will need to bring all required documentation to the interview, including the approved I-140 petition, any required evidence, a valid passport, and any other required documents. The USCIS officer will review the individual’s qualifications and documentation, and may ask questions about the individual’s background, education, work experience, and the job offer in the U.S. The USCIS officer will also verify the authenticity of the documents submitted.

What are the Required Documents for EB2 Visa?

The required documents for an EB-2 visa will vary depending on the specific circumstances of the individual’s case. However, some common documents that may be required include:

Approved I-140 petition: This is the form that the employer must file with USCIS to sponsor the individual for an EB-2 visa.
Job offer letter: This should include the job title, duties, salary, and the employer’s contact information.
Educational and professional qualifications: This may include diplomas, degrees, certificates, transcripts, and any other relevant qualifications.
Evidence of exceptional ability or advanced degree: This will vary depending on the subcategory, but could include awards, publications, patents, or other accomplishments that demonstrate the individual’s qualifications.
Proof of salary or compensation: This could include pay stubs, tax returns, or other financial documents that demonstrate the individual’s current salary or compensation.
Proof of experience: This could include resumes, CVs, or other documentation that demonstrates the individual’s work experience.
Proof of any licenses or certifications required for the job
Proof of any language proficiency required for the job
Passport: A valid passport is required to travel to the United States
Two passport-style photographs

What is the EB2 Visa Fee?

The EB-2 visa fee is a combination of various fees that are required to be paid at different stages of the EB-2 visa process. These fees include:

I-140 Immigrant Petition for Alien Worker fee: As of 2021, this fee is $700 for most EB-2 petitions.
I-485 Application to Register Permanent Residence or Adjust Status fee: As of 2021, this fee is $1,760 for most EB-2 petitions.
Medical examination fee: This fee will vary depending on the location and the doctor conducting the examination.
Biometrics fee: As of 2021, this fee is $85 for most EB-2 petitions.
Affidavit of Support fee: An employer or a relative who is a U.S. citizen or permanent resident may be required to file an Affidavit of Support (Form I-864) on the applicant’s behalf. The fee is $120.
Any additional fees that may be required by the U.S. consulate or embassy if the individual is applying through consular processing.

What is the EB2 Visa Processing Time?

The EB-2 visa processing time can vary depending on the individual’s circumstances, the workload of the U.S. Citizenship and Immigration Services (USCIS), and the U.S. consulate or embassy. It is also affected by the per-country limit, so it might take longer for citizens of countries with high demand for EB-2 visas.

The processing time for the EB-2 visa varies depending on the category and the workload of the service center. For EB-2 cases filed under regular processing, the current processing time for the I-140 petition is around 6 to 12 months. For I-485, the processing time is around 7 to 12 months.

EB2 Visa Frequently Asked Questions

Here are some frequently asked questions regarding the EB-2 visa process:

What is the EB-2 visa?
A: The EB-2 visa is a type of employment-based, second-preference visa for individuals who are members of the professions holding advanced degrees or their equivalent, or who have exceptional ability in the sciences, arts, or business. It is also available for those who have a National Interest Waiver (NIW) which is a special category that allows some individuals to bypass the labor certification process, which is typically required for an EB-2 visa.
Who qualifies for an EB-2 visa?
A: Individuals who have at least a master’s degree or its equivalent, or a bachelor’s degree and five years of progressive work experience in the field, as well as a job offer and the employer’s inability to find a qualified U.S. worker for the position may qualify for an EB-2 visa.
What is the EB-2 visa application process like?
A: The EB-2 visa process typically involves an employer sponsoring the individual and a significant amount of documentation and evidence to demonstrate the individual’s qualifications. The process includes: obtaining a job offer, filing a Labor Certification Application (LCA) with the U.S. Department of Labor (DOL), filing an I-140 Immigrant Petition for Alien Worker with the U.S. Citizenship and Immigration Services (USCIS), and filing an I-485 Application to Register Permanent Residence or Adjust Status.
What are the required documents for an EB-2 visa?
A: The required documents for an EB-2 visa will vary depending on which subcategory the individual is applying under (EB-2 with advanced degree or EB-2 with exceptional ability). However, some common documents that may be required include: approved I-140 petition, job offer letter, educational and professional qualifications, evidence of exceptional ability or advanced degree, proof of salary or compensation, proof of experience, passport, two passport-style photographs, and any other document that the USCIS or the U.S. consulate may require.
What is the EB-2 visa fee?
A: The EB-2 visa fee is a combination of various fees that are required