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

Labor Certification

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 masters degree or its equivalent, or a bachelors 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

Sample Form I-140 Approval notice - I-140

Sample I-140 Approval

Disclaimer : This sample is provided for your convenience and reference purpose only.

Visit the links below to learn more about the other categories of EB2 visa