The EB2 visa is the second preference employment-based green card category that grants US permanent residency to foreign nationals with advanced degrees or exceptional ability. Eligible persons for EB2 immigrant visa include those who:
- Hold an advanced degree or its equivalent; or
- Have an exceptional ability in the sciences, arts, or business.
The EB2 green card includes the following subcategories:
The EB-2 visa was introduced as part of the new Immigration Act of 1990, and from 2008 to the end of 2014, a total of 129,316 EB-2 Visas have been issued to immigrants from India. In 2014 alone, Indian Immigrants received 49.8 percent of the 49,071 EB-2 visas issued.
Applying for EB2 Visa
Applications for a EB-2 Visa, under the categories for a person having an Advanced Degree, or a person having exceptional ability, must be accompanied by a individual labor certification from the Department of Labor on Form ETA-750.
An application for waiving the national interest can be made by the applicant by filing directly to United States Citizenship and Immigration Services, including submission of the I-140 Form, Petition for Alien Worker.
Required Documents for EB2 Green Card Filing
The following documents should be filed for an EB2 category US green card
- Evidence showing full time employment
- Unless qualified for Nation Interest Waiver (NIW), in which case show evidence proving benefit to the nation
- Filed and approved labor certification
- A labor certification is required even if petitioner qualifies for NIW
- Academic transcripts showing petitioner has advanced degree from the US or a foreign equivalent
- Letters from employer/s showing progressive work experience in the field of study
Applying for Labor Certification for a Green Card?
Here's everything you need to know
Process of Applying for EB-2 Category US Green Card
- First and foremost, have a full time employment with a US based firm
- File for and get approved for Labor Certification
- If qualifying for NIW, apply for NIW
- NIW also requires to file for and approval for labor certification
- Apply for and get approved for Form I-140, Petition for Immigrant Worker
- Await for USCIS to update your cutoff dates and assign you a priority date
- Apply for Adjustment of status or consular processing, whichever is applicable
- Await US permanent residency based on backlog
EB-2A Advanced Degree
Individuals applying for the advanced degree subcategory of the EB2 visa must demonstrate possession of a US advanced degree or its foreign equivalent. Specific requirements for the EB-2A visa include the following.
- To apply for an Advanced Degree EB2 Visa, the applicant must hold at least a master’s degree or its equivalent, or a bachelor’s level degree with a minimum of five years of increasing experience. Not all advanced degrees are eligible, and applicants should confirm their qualifications satisfy USCIS regulations by checking on the USCIS website.
- The job the applicant is applying for under the EB2 visa must require an advanced degree or the equivalent qualifications.
EB-2B Exceptional Ability
Individuals applying for the exceptional ability subcategory of the EB2 visa should be able to demonstrate their exceptional ability.
- Applicants must have an exceptional ability in the sciences, arts, or business and hold “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business” in the United States.
EB-2C National Interest Waiver
Those applying for either EB2 visa subcategory may apply for a labor certification waiver if they believe their job is in the national interest of the United States. Such applications may be considered for:
- Physicians who agree to work full-time in areas where there is a shortage of healthcare professionals, or;
- Entrepreneurs that satisfy certain conditions.
Applicants applying for a National Interest Waiver must:
- Have a job offer, and;
- May self-petition by filing the Immigrant Petition for Alien Worker, Form I-140, along with evidence of the national interest.
Sample Form I-140 Approval Notice
Visit the links below to learn more about the other categories of EB2 visa