EB-2 Visas for Immigrant Professionals With Advanced Degrees or Exceptional Abilities
Immigrant Visas for Architects, Engineers, Lawyers, Physicians, Surgeons, and Teachers with Advanced Degrees or Individuals with Exceptional Ability in the Sciences, Arts or Business
The EB-2 immigrant visas, also known as “second preference” visas, are designed for professionals with advanced degrees and persons with exceptional ability in the sciences, arts, or business. This type of visa requires a permanent job offer from a U.S. employer (the applicant’s sponsor) and a labor certification issued by the Department of Labor (DOL).
Advanced Degree
An individual who has an advanced degree must have at least a Master’s degree or, in some professions, a Bachelor’s degree as well as a minimum of five years of work experience to be eligible to apply for an EB-2 visa. The applicant must have an offer of employment from a company that operates in the U.S. or has subsidiaries within the U.S. before applying for entry clearance. Applicants must provide documentation, such as their academic transcripts, work records, and other verifying documents, that would be considered proof of prominence within their field.
USCIS may grant a national interest waiver, which allows an applicant to petition for an EB-2 visa without a job offer, if the applicant can demonstrate that it would be beneficial to the U.S. to waive the requirement.
Exceptional Ability
An individual who has an exceptional ability means that person has a degree of expertise significantly above that normally encountered in the sciences, arts, or business. The foreign national must have an offer of employment from a U.S. company. In some cases, applicants who can show an exceptional ability and that their employment in the U.S. would significantly benefit the nation may be able to self-petition. This is known as the National Interest Waiver (NIW). A person who can show his or her expertise would greatly benefit the nation may not need to have an employer sponsor him or her. The NIW is a good option for individuals who do not want to go through the lengthy labor certification process, or those who do not want to be confined to a specific employer during labor certification.
Exceptional ability applicants must provide evidence of eligibility, such as letters from current or previous employers documenting at least 10 years of full-time experience in their occupation.
Labor certification is a lengthy process that requires substantial paperwork. The process exists to protect U.S. workers and the U.S. labor market by making sure that foreign citizens seeking employment-based immigration statuses are not replacing qualified U.S. workers who are ready, willing, and able to work in the same position. To receive DOL approval, the employer must demonstrate that DOL salary requirements and mandatory hiring guidelines are met. Once the DOL approves the labor certification, the employer files an immigrant visa petition, which is Form I-140, and the employee files his or her permanent residence application, which is Form I-485.
There are a number of benefits offered by the EB-2 visa, including permanent residency in the U.S., the ability to travel in and out of the U.S. freely, and the ability to work in the U.S. Additionally, EB-2 visa holders are permitted to bring their dependents to the U.S., including a spouse and unmarried children under the age of 21 on a dependent visa. The spouse and unmarried children are eligible to apply for permanent residence. The EB-2 holder’s spouse is also eligible to file for a work permit known as an Employment Authorization Document (EAD).
The period between the time that an individual applies for an EB-2 visa and the time that he or she actually obtains it can vary depending on a variety of circumstances. To get more information about whether you may qualify for an EB-2 visa, it is best to consult an immigration attorney in your area.
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Immigration Law Center
- Green Cards and Lawful Permanent Residence in the U.S.
- Becoming a U.S. Citizen Under Naturalization Law
- Immigrant Visas Leading to Lawful Permanent Residence in the U.S.
- Non-Immigrant Visas Providing a Legal Basis for Temporary Residence in the U.S.
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Work Visas Allowing Foreign Nationals to Legally Enter the U.S.
- PERM Labor Certification & Legal Requirements for Businesses Hiring Foreign Nationals
- H-1B Visas for Non-Immigrant Foreign Nationals in Specialty Occupations
- H-2A Visas for Foreign Nationals in Temporary Agricultural Jobs
- H-2B Visas for Foreign Nationals in Temporary Non-Agricultural Jobs
- EB-1 Visas for Immigrant Professors, Researchers, Executives, Managers, and Other Priority Workers
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EB-2 Visas for Immigrant Professionals With Advanced Degrees or Exceptional Abilities
- EB-3 Visas for Immigrant Professionals, Skilled Workers, and Unskilled Laborers
- O Visas for Non-Immigrant Foreign Nationals With Extraordinary Abilities or Achievements
- L-1 Visas for Temporary Intracompany Transfers of Foreign National Executives or Managers
- P Visas for Non-Immigrant Foreign National Athletes, Teams, and Entertainment Groups
- TN Status Allowing Canadian and Mexican Professionals to Legally Enter the U.S.
- Family Immigration Options Under the Law
- Investor Visas Providing Legal Status in the U.S.
- Visitor Visas Allowing Foreign Nationals to Legally Enter the U.S.
- Student Visas Allowing Foreign Nationals to Legally Enter the U.S.
- Denials of Visas or Green Cards & Your Legal Options
- Consular Interviews When Seeking a Visa or Green Card
- VAWA Petitions for Foreign Nationals Affected by Domestic Violence & Seeking Legal Status in the U.S.
- How Children of Foreign Nationals Affected by Domestic Violence Can Legally Obtain Immigration Status
- Work Authorization for Foreign Nationals Without Green Cards
- How Foreign Nationals Unable to Return Home Safely May Legally Qualify for Temporary Protected Status
- Asylum for Foreign National Refugees
- Humanitarian Parole for Foreign Nationals With Compelling Needs
- Advance Parole for Foreign Nationals Living in the U.S. Without Green Cards
- Deferred Action for Childhood Arrivals (DACA) and Temporary Legal Protections From Deportation
- Visa Waiver Program for Brief Visits to the U.S. Without Formal Legal Status
- Grounds for Finding a Foreign National Legally Inadmissible to the U.S.
- How the Deportation Legal Process Works
- Appeals of Immigration Decisions Through the Legal Process
- LGBTQ+ Individuals Facing Immigration Legal Issues
- Inspections of Foreign Nationals Seeking to Legally Enter the U.S.
- Unlawful Presence in the U.S. & Legal Penalties
- Tax Law Issues for Visa or Green Card Holders
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