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.
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Advantages of the EB2 Visa
The EB2 visa offers multiple benefits, including:
1. Legal Permanent Residency in the U.S.
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- 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.
Independent Filing
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!