The EB-2 visa is an employment-based, second-preference immigration category designed for individuals with advanced degrees or exceptional abilities in their professional fields. This visa provides a pathway for skilled professionals to obtain permanent residency in the United States. Below is a comprehensive overview of the eligibility requirements, subcategories, and other key details regarding the EB-2 visa.
Eligibility Criteria
There are two main subcategories under the EB-2 visa: Advanced Degree and Exceptional Ability. Each has distinct requirements and evidence necessary for qualification.
1. Advanced Degree
To qualify under this category:
- The job you are applying for must require an advanced degree (a master’s degree or higher), and you must possess such a degree or its equivalent.
- If you do not have a master’s degree, you can qualify with a bachelor’s degree (or foreign equivalent) along with five years of progressive post-baccalaureate work experience in the field.
Required Documentation:
- Official academic records proving that you hold a U.S. advanced degree or a foreign equivalent.
- Alternatively, an official record of a U.S. baccalaureate degree (or foreign equivalent) with evidence (letters from employers) of at least five years of post-baccalaureate work experience in the specialty.
- In certain fields where a doctoral degree is required, you must demonstrate possession of such a degree or its foreign equivalent.
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2. Exceptional Ability
Exceptional ability refers to a level of expertise that is significantly above what is ordinarily encountered in the fields of science, arts, or business.
Required Criteria (must meet at least three):
- Official academic records proving your degree, diploma, certificate, or other similar awards in your area of expertise.
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- Letters from current or former employers showing at least 10 years of full-time experience in your occupation.
- Evidence of a license or certification to practice your profession.
- Proof of having commanded a high salary or remuneration that demonstrates your exceptional ability.
- Membership in a relevant professional association.
- Recognition from peers, government entities, or professional organizations for your significant contributions to your field.
- Other comparable evidence may also be considered.
Labor Certification and Ability to Pay
For most EB-2 visa applications, the U.S. Department of Labor (DOL) requires a permanent labor certification. This ensures that hiring foreign workers will not negatively affect job opportunities, wages, or working conditions for U.S. workers.
- Permanent Labor Certification (General):
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- The employer must file a certified Application for Permanent Employment Certification (Form ETA-9089) with the DOL before submitting Form I-140, the petition for the foreign worker, with the United States Citizenship and Immigration Services (USCIS).
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- Schedule A Blanket Labor Certification:
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- For professionals such as nurses, physical therapists, and individuals with exceptional abilities (based on widespread acclaim or international recognition), the DOL allows Schedule A certification. Employers in these cases file petitions directly with USCIS without a prior labor certification.
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- National Interest Waiver (NIW):
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- The National Interest Waiver (NIW) exempts applicants from the job offer and labor certification requirements if their work is deemed to be in the national interest of the U.S. Those applying under NIW can self-petition without needing an employer.
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- USCIS Factors for NIW Consideration:
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- The endeavor must have substantial merit and national importance.
- The applicant must be well-positioned to advance the endeavor.
- Waiving the labor certification must be beneficial to the U.S.
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Family of EB-2 Visa Holders
If your I-140 petition is approved, your spouse and unmarried children under 21 may also be eligible to immigrate to the U.S. under E-21 (for spouses) or E-22 (for children) immigrant statuses. These family members may seek admission to the U.S. alongside the primary applicant.
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