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EB-2 Visa: Employment-Based Green Cards for Advanced Degree Professionals and Exceptional Ability Individuals

The EB-2 visa is a second-preference employment-based green card category for individuals with advanced degrees or exceptional ability in their professional fields. This visa offers a pathway to permanent residency for qualified individuals who can contribute to the U.S. workforce or national interest.

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What Is the EB-2 Visa?

The EB-2 visa is designed for individuals who meet the following qualifications:

  1. Advanced Degree Professionals: Applicants with a U.S. master’s degree (or higher) or its foreign equivalent, or a bachelor’s degree plus five years of progressive work experience in the field.

  2. Exceptional Ability: Individuals with exceptional skills and expertise in sciences, arts, or business that significantly benefit the U.S. economy, culture, or welfare.

  3. National Interest Waiver (NIW): Individuals whose work is deemed to be in the U.S. national interest can self-petition and bypass the labor certification requirement.

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EB-2 Visa Subcategories

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1. EB-2(A): Advanced Degree Professionals

  • Eligibility Requirements:

    • A master’s degree or higher (or foreign equivalent).

    • A bachelor’s degree plus at least five years of progressive work experience in the specialty field.

  • Documentation:

    • Educational credentials (degrees, transcripts, foreign credential evaluations).

    • Employment letters detailing job duties, progression, and relevance of work experience.

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2. EB-2(B): Exceptional Ability

  • Eligibility Requirements:

    • Must demonstrate exceptional ability in sciences, arts, or business.

    • Exceptional ability means a degree of expertise significantly above that ordinarily encountered in the field.

  • Criteria (Meet at Least Three):

    1. Official academic record showing a degree, diploma, or certificate in the area of expertise.

    2. Letters documenting at least 10 years of full-time experience in the field.

    3. Licensure or certification to practice in the field.

    4. Evidence of a high salary indicating exceptional ability.

    5. Membership in professional associations.

    6. Recognition for achievements or contributions in the field by peers or organizations.

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3. EB-2(C): National Interest Waiver (NIW)

  • What Is the National Interest Waiver?

    • The NIW waives the requirement for a labor certification (PERM) and a specific job offer, allowing applicants to self-petition.

  • Eligibility Requirements:

    • Applicants must show their work is of substantial intrinsic merit and benefits the U.S. national interest.

  • Key NIW Criteria (Dhanasar Standard):

    1. The work has substantial merit and national importance.

    2. The applicant is well-positioned to advance the proposed endeavor.

    3. Waiving the labor certification benefits the U.S. more than enforcing it.

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Key Benefits of the EB-2 Visa

  1. Permanent Residency:

    • Provides a direct pathway to a green card.

  2. Family Benefits:

    • Spouses and children under 21 can obtain green cards as dependents.

  3. Self-Petition Option (NIW):

    • No employer sponsorship required for National Interest Waiver cases.

  4. Dual Intent:

    • Allows applicants to apply for permanent residency without affecting their current non-immigrant visa status.

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Step-by-Step EB-2 Visa Process

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Step 1: Labor Certification (PERM Process) (Required for EB-2(A) and EB-2(B))

The employer must demonstrate there are no qualified U.S. workers available for the position by obtaining labor certification through the Department of Labor (DOL).

  1. Job Advertisement:

    • The employer must advertise the job in multiple channels and document recruitment efforts.

  2. Filing Form ETA-9089:

    • Submit the PERM application to the DOL.

  3. Processing Time:

    • 6–12 months, plus potential audit delays.

Note: PERM is not required for NIW applicants.

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Step 2: File Form I-140 (Immigrant Petition for Alien Worker)

  • The employer (or the applicant in NIW cases) files Form I-140 with USCIS to classify the applicant under the EB-2 category.

  • Required Documents:

    • Approved PERM labor certification (if applicable).

    • Evidence of educational qualifications.

    • Letters and documentation proving work experience or exceptional ability.

    • NIW applicants must include a detailed petition outlining the national interest of their work.

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Step 3: Adjustment of Status (Form I-485) or Consular Processing

Once the I-140 petition is approved, the applicant can proceed to apply for permanent residency.

  1. If in the U.S.:

    • File Form I-485 to adjust status to lawful permanent resident.

    • Can concurrently file Forms I-765 (Work Authorization) and I-131 (Travel Authorization).

  2. If Outside the U.S.:

    • Complete consular processing through the National Visa Center (NVC) and attend an interview at a U.S. embassy or consulate.

Processing Times

  1. PERM Labor Certification: 6–12 months (plus audit delays).

  2. Form I-140:

    • Regular Processing: 4–9 months.

    • Premium Processing: 15 calendar days (available for an additional $2,500).

  3. Adjustment of Status or Consular Processing: 8–14 months.

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Common Challenges and Solutions

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1. Proving Advanced Degree or Exceptional Ability

  • Challenge: USCIS may request additional evidence to substantiate qualifications.

  • Solution: Provide a comprehensive portfolio of documentation, including credential evaluations, employment letters, and evidence of achievements.

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2. Meeting National Interest Waiver Criteria

  • Challenge: Demonstrating the national importance of the proposed work can be subjective.

  • Solution: Prepare a detailed, well-argued petition supported by letters from industry experts and evidence of the project’s impact.

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3. Delays in PERM Processing

  • Challenge: Labor certification can significantly delay the overall process.

  • Solution: Start the PERM process early and ensure compliance with all recruitment and documentation requirements.

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Why Choose the EB-2 Visa?

  1. Preferred for Highly Skilled Workers:

    • The EB-2 visa provides a faster route to permanent residency for individuals with advanced degrees or exceptional abilities.

  2. Flexibility with NIW:

    • Allows applicants to bypass the employer sponsorship requirement if they can demonstrate national interest.

  3. Priority Date Advantage:

    • EB-2 applicants often benefit from shorter wait times compared to EB-3 applicants.

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How We Can Help

Our firm specializes in navigating the complexities of the EB-2 visa process. Here’s how we assist:

  1. Eligibility Evaluation:

    • Assess qualifications and determine the best EB-2 subcategory for your case.

  2. PERM and I-140 Filing:

    • Guide employers through the labor certification process and ensure accurate petition filings.

  3. NIW Petition Preparation:

    • Craft detailed, compelling arguments to meet the national interest criteria.

  4. RFE and Denial Defense:

    • Respond to USCIS inquiries and appeals with strong legal strategies.

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Contact us today to schedule a consultation and take the first step toward obtaining your green card through the EB-2 visa!

American Immigration Lawyers

American Immigration Lawyers 

555 Republic Drive, Floor 2, Suite 214

Plano, TX 75074, United States of America

Office :  +1 (469) 200 6508 

WhatsApp: +1 (469) 278 4687

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©2020 by American Immigration Lawyers (AIL) | This website is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with AIL through this site does not form an attorney-client relationship. 

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