EB2 Visa Guide: Key Information on the EB2 Visa
The EB2 visa is a highly advantageous immigration pathway for individuals with exceptional abilities or advanced degrees, enabling eligible applicants to secure a U.S. green card (permanent residency) through a job offer from a U.S.-based employer.
EB2 Visa Overview
The EB2 visa provides a path to permanent residency for those with exceptional abilities or advanced degrees. This second-preference employment visa is divided into three main categories:
- EB2-A: For advanced degree holders
- EB2-B: For individuals with exceptional ability
- EB2-C: National Interest Waiver (benefiting the U.S.)
Key Facts:
- Allocation: 28.6% of total employment-based visas (approximately 40,000 annually)
- Country limit: 7% of EB2 visas per country
- No priority filing time: Applications are accepted anytime, with visas granted monthly
- High demand: Longer wait times for nationals of countries with many applicants
Important Notes:
- Visa availability generally exceeds demand, leading to waitlists.
- There is no tactical advantage to applying at specific times, as all applications are prioritized by date.
Advantages of the EB2 Visa
The EB2 visa offers multiple benefits, including:
1. Legal Permanent Residency in the U.S.
- In-state college tuition rates
- Simplified travel
- Immigration status stability
- Pathway to potential U.S. citizenship
2. Efficient Process
- The EB2 visa provides a relatively expedited path to permanent residency.
3. Family Benefits
- Immediate family members are eligible to join the primary visa holder in the U.S., including spouse and dependent children.
- Spouse: Eligible for E-21 status and can work in the U.S. after completing Employment Authorization Documents.
- Unmarried children under 21: Eligible for E-22 status, with access to U.S. schooling.
Requirements for an EB2 Visa
Requirements vary based on the EB2 category. Our team can help determine your eligibility.
EB2-A (Advanced Degree) Requirements
- Possess an advanced degree (master’s or higher) or equivalent.
- Alternatively, hold a bachelor’s degree plus five years of progressive work experience.
- Have a valid U.S. job offer in the field related to your advanced degree.
- Job duties should align with your academic and professional experience.
EB2-B (Exceptional Ability) Requirements
To demonstrate exceptional ability in sciences, arts, or business, applicants must meet at least three of the following criteria:
- Academic degree in the field
- 10+ years of full-time experience
- License/certificate to practice in the field
- Salary indicative of exceptional ability
- Professional association membership
- Recognition from experts in the field
- Other comparable evidence of exceptional ability
Valid Job Offer Requirement: A U.S. job offer in the field of exceptional ability is necessary.
EB2-C (National Interest Waiver) Visa Requirements
Eligibility Criteria:
- Applicants must meet three or more of the following:
- Academic degree in the field
- 10+ years of full-time experience
- License/certificate to practice in the field
- Salary indicative of exceptional ability
- Membership in a related professional association
- Expert recognition in the field
- Other comparable evidence of exceptional ability
National Interest Requirement:
- Applicants must show that granting the EB2 visa would significantly benefit the United States, underscoring the applicant’s potential to contribute positively.
Key Distinctions:
- No job offer required
- No sponsor necessary
- Self-petitioning is allowed
- No PERM labor certification is required
For personalized guidance and additional questions, our team is here to support you through the process. Please reach out to us at matif@atiflawfirm.com for assistance. We’re here to help!