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:

  1. EB2-A: For advanced degree holders
  2. EB2-B: For individuals with exceptional ability
  3. 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!