If you’re a foreign professional with advanced skills or an exceptional talent, the EB2 visa could be your ticket to a successful career in the United States. The EB2 visa category is designed for individuals with specialized qualifications and provides a path to permanent residency. Whether you’re a high-achieving engineer, a talented artist, or an experienced researcher, this visa can help you establish a future in the U.S.
In this comprehensive guide, we’ll walk you through how to apply for an EB2 visa and share insights on making the process smoother. And don’t worry, Veripass is here to help you navigate the complex world of immigration, ensuring that your application is both accurate and timely.
What Is the EB2 Visa?
The EB2 visa is a second-preference employment-based immigrant visa for those who hold advanced degrees, have exceptional abilities, or qualify for a National Interest Waiver (NIW). There are three subcategories under the EB2 visa:
- EB2(A): For individuals with an advanced degree or its equivalent (a bachelor’s degree plus at least five years of progressive experience in their field).
- EB2(B): For individuals with exceptional abilities in the sciences, arts, or business. Exceptional ability must be demonstrated through a degree of expertise significantly above that ordinarily encountered.
- EB2(C): For individuals seeking a National Interest Waiver (NIW), meaning they can bypass the labor certification requirement by showing that their work benefits the U.S. on a national level.
How to Apply For The EB2 Visa
Now that you understand what the EB2 visa is, let’s dive into how to apply for it.
Step 1: Determine Your Eligibility
Before you start the application process, it’s essential to ensure that you meet the eligibility criteria for the EB2 visa. Here’s how you can determine which subcategory you qualify for:
- Advanced Degree (EB2-A): If you have a master’s degree or a bachelor’s degree with five years of work experience in your field, you likely qualify under this category. The experience should show progressive responsibilities and expertise.
- Exceptional Ability (EB2-B): You’ll need to prove that your abilities are above average in your field. This could include awards, memberships in professional associations, recognition by peers, or published materials in your field.
- National Interest Waiver (EB2-C): To qualify for this, your work must have substantial merit and national importance. This is often applied to researchers, engineers, or entrepreneurs whose contributions benefit the U.S.
Each subcategory has its own set of documentation requirements, so it’s important to gather the necessary proof early on.
Step 2: Obtain a Labor Certification (PERM)
For most EB2 applications, you’ll need to obtain a Permanent Labor Certification (PERM) from the U.S. Department of Labor (DOL). This certification proves that there are no qualified U.S. workers available for the job you’re being offered, and your employment will not negatively impact U.S. wages or working conditions.
Your prospective U.S. employer is responsible for applying for PERM on your behalf. This involves:
- Job Advertisement: Your employer must advertise the job in the U.S. to see if there are qualified U.S. workers available.
- Application Submission: If no suitable U.S. workers are found, your employer can submit the PERM application.
- Approval: Once the DOL approves the PERM, your employer can move forward with your EB2 petition.
National Interest Waiver (NIW) Exception:
If you qualify for a National Interest Waiver (NIW), you do not need a labor certification. The NIW allows you to self-petition for the EB2 visa, which means you can apply without a job offer if you can prove your work benefits the U.S.
Step 3: File Form I-140 (Immigrant Petition for Alien Worker)
Once your labor certification is approved (or if you qualify for a National Interest Waiver), the next step is for your employer to file Form I-140, Immigrant Petition for Alien Worker with U.S. Citizenship and Immigration Services (USCIS). This form is the official petition to have you classified as an immigrant worker under the EB2 category.
Here’s what you’ll need to submit with Form I-140:
- Proof of Your Qualifications: This can include degrees, diplomas, certifications, or other documents that demonstrate you meet the educational or exceptional ability criteria.
- Job Offer Documentation: For EB2(A) and EB2(B) applicants, your employer needs to provide proof of the job offer and the PERM certification.
- Proof of National Interest: For NIW applicants, you must submit evidence showing how your work benefits the national interest.
Step 4: Wait for Priority Date to Become Current
Once your Form I-140 is filed, you’ll be assigned a priority date. This is the date that USCIS received your petition. Depending on your country of origin and the annual visa limits, you may need to wait for your priority date to become current before moving forward with the next steps.
The U.S. government issues a limited number of EB2 visas each year, and demand can be high, especially for applicants from countries like India and China. You can check the Visa Bulletin each month to see if your priority date is current.
Step 5: File Form I-485 (Adjustment of Status) or Go Through Consular Processing
Once your priority date is current, the next step is to either adjust your status or go through consular processing, depending on where you are located.
- Adjustment of Status (Form I-485): If you’re already in the U.S. on a different visa, you can file Form I-485 to adjust your status to permanent residency. This form allows you to become a green card holder without having to leave the U.S.
- Consular Processing: If you’re outside of the U.S., you’ll need to go through consular processing. This involves attending an interview at a U.S. embassy or consulate in your home country. You’ll need to submit several documents, undergo a medical examination, and attend the interview to determine your eligibility for the EB2 visa.
Step 6: Attend Your Interview and Wait for Approval
Whether you’re adjusting your status or going through consular processing, you will be required to attend an interview. The purpose of this interview is for a USCIS or consular officer to review your case and ask any questions related to your qualifications, job offer, or exceptional abilities.
Preparing for the Interview:
- Bring all required documentation, including your passport, application forms, and supporting evidence (educational degrees, job offer letters, etc.).
- Be prepared to answer questions about your work experience, qualifications, and the impact of your work on the U.S. economy or national interest.
Once your interview is complete, you’ll need to wait for the final decision. If everything is in order and your application is approved, you’ll either receive your green card in the mail (for adjustment of status) or be granted an immigrant visa (for consular processing).
Step 7: Receive Your Green Card
After you’ve successfully completed the application process and your EB2 visa is approved, you’ll receive your green card. This grants you permanent residency in the U.S., allowing you to live and work in the country. Congratulations—you’ve just taken a significant step toward achieving your career and personal goals in the U.S.!
How Veripass Can Help
Navigating the EB2 visa application process can be daunting, especially when you consider the various requirements, documentation, and government approvals needed. That’s where Veripass comes in.
At Veripass, we specialize in simplifying the immigration process. Whether you need help gathering the right documentation, understanding the labor certification process, or navigating consular interviews, we’ve got your back every step of the way. Our team of experts ensures that your EB2 visa application is thorough and accurate, giving you the best possible chance of success.
Don’t leave your future to chance—let Veripass handle the complexities so you can focus on what matters most: your career and your future in the U.S.
Ready to Apply?
If you’re ready to start your journey toward permanent residency through the EB2 visa, Veripass is here to help. Contact us today to learn how we can assist you with every step of the process.