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