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EB-2 Visa: Employment Based Immigration Second Preference

You may qualify for an EB-2 visa, if you are an alien of exceptional ability or if you have an advanced degree or its foreign equivalent.

1. EB-2 Advanced Degree Method:

The position that you are applying for in the United States must required an advanced degree and you must provide evidence of your advanced degree or its equivalent. A baccalaureate degree and five years of experience in your field will suffice for EB-2 purposes as well.

Required Documentation EB-2 “Advanced Degree” category: EB-2(A)

Official academic transcripts and records showing an advanced degree or its equivalent. You may need to get your foreign degree evaluated by a U.S. corporation
Or you may show that you have a baccalaureate degree or its U.S. equivalent, and provide letters from your current employer verifying that you have at least 5 years of experience in your area of expertise

2. EB-2 Exceptional Ability Method: EB-2(B)

You must provide evidence of your exceptional ability in the arts, sciences, or business.

Required Documentation: EB-2 “Exceptional Ability” category:

You must provide evidence of at least three of the following:

At least 10 years of experience in your full-time profession
A valid license to practice your profession or any professional certification
A salary that reflects your exceptional ability in your field
Membership in professional organizations or associations
At least 10 years of experience in your full-time occupation
An official academic record showing the highest degree that you have obtained from an college, university, or institute of higher education and accompanying documentation of its equivalency in the United States
Recognition for your substantial contribution to your profession or field of work by other professionals, organizations, or government
Other types of evidence relating to the above points are also accepted

National Interest Waiver: EB-2(C)

Foreign nationals that can provide evidence of their exceptional ability, may obtain a visa without completion of the labor certification process. Labor certification is waived if the foreign national can show that their employment in the United States would greatly benefit the country, and that it is in the interested of the United States to allow the foreign national entry to work in the country. Foreign nationals that qualify for a National Interest Waiver do NOT need a U.S. employer to sponsor them and may self-petition and file labor certification with the USCIS with their form I-140 petition for Alien Worker.

National Interest Waiver Requirements: In order to qualify you must provide evidence of at least three of the following:

At least 10 years of experience in your full-time profession
A valid license to practice your profession or any professional certification
A salary that reflects your exceptional ability in your field
Membership in professional organizations or associations
At least 10 years of experience in your full-time occupation
An official academic record showing the highest degree that you have obtained from an college, university, or institute of higher education and accompanying documentation of its equivalency in the United States
Recognition for your substantial contribution to your profession or field of work by other professionals, organizations, or government
Other types of evidence relating to the above points are also accepted

EB-2 Application Process:

Your employer must file an I-140 Petition for Alien Worker
Generally, you must include an approved labor certification from the Department of Labor on Form ETA-750

EB-2 Visa FAQ:

Can I bring my husband or wife and dependent children with me to the United States while on an EB-2 visa?

Yes, you may bring your spouse and dependent children under 18 years of age with you. Your spouse will be given E-21 status, while your dependent children will be given E-22 status.

After I apply for permanent residence, can my spouse file for employment authorization?

While applying for permanent residence while under an EB-2 visa, your spouse may also file for employment authorization by filing the Employment Authorization Document (EAD).

Are there any travel restrictions will on an EB-2 visa?

There are no travel restrictions while on an EB-2 visa. The Department of State does not limit the number of times you may enter or exit the United States.

What can I do if my EB-2 I-140 is denied?

You may re-file your I-140 if you can provide the USCIS with new information, otherwise you can file Form I-290B, Notice of Appeal with the required fees at your USCIS service center with jurisdiction over your region, within 33 days of receiving the denial notice.