EB-2 Visa Explained: Costs, Processing Time, and Application Guide

The EB-2 visa is a U.S. immigrant visa category designed for foreign nationals with advanced degrees or exceptional abilities. It allows qualified individuals to obtain permanent residency in the United States. This article provides a comprehensive overview of the EB-2 visa, including its cost, processing time, and the application process.

What is the EB-2 Visa?

The EB-2 visa is a U.S. employment-based immigrant visa that falls under the second preference category. It is intended for:

1. Individuals with Advanced Degrees: Those who have a master’s degree or higher, or a bachelor’s degree with at least five years of progressive experience in the field.
2. Persons with Exceptional Ability: Individuals who have demonstrated exceptional skills in their field, such as arts, sciences, or business.

Note: There are two subcategories within the EB-2 visa: the EB-2A for advanced degree professionals and the EB-2B for individuals with exceptional abilities.

For more information, you can speak to Happy Face

Eligibility Requirements

To qualify for an EB-2 visa, applicants must meet one of the following criteria:

1. Advanced Degree: An applicant must have an advanced degree (master’s or higher) or a bachelor’s degree with at least five years of progressive experience in the profession.
2. Exceptional Ability: The applicant must demonstrate exceptional ability in their field, which can be shown through evidence such as awards, publications, or significant contributions to the field.

Additionally, if applying under the exceptional ability category, the applicant may need to obtain a National Interest Waiver (NIW) if they wish to forgo the requirement of a specific job offer.

Costs

The costs associated with the EB-2 visa can vary depending on several factors, including the complexity of the case and whether legal assistance is sought. Here are the typical costs involved:

1. Filing Fees:
   • Form I-140 (Immigrant Petition for Alien Worker): $700
   • Form I-485 (Application to Register Permanent Residence or Adjust Status): $1,225 (for applicants aged 14-79) or $750 (for applicants under 14 or over 79)
   • Form DS-260 (Immigrant Visa and Alien Registration Application): $330 (for consular processing)
2. Legal Fees: Depending on the attorney or legal service provider, fees can range from $1,500 to $5,000 or more for preparing and filing the petition.
3. Additional Costs:
   • Medical Examination: Costs vary by provider and location.
   • Document Translation and Notarization: Costs for translating foreign documents and notarizing copies.

For more information, you can speak to Happy Face

Processing Time

The processing time for an EB-2 visa can vary based on several factors, including the service center handling the application and the applicant’s specific circumstances. Generally, the processing times are as follows:

1. Form I-140: 6 to 12 months. This is the initial petition filed by the employer or the applicant.
2. Form I-485 or Consular Processing:
   • Adjustment of Status (Form I-485): 8 to 14 months, depending on the service center and the applicant’s specific situation.
   • Consular Processing (Form DS-260): 6 to 12 months, depending on the U.S. consulate or embassy and the applicant’s home country.

Note: These timeframes are subject to change based on workload, changes in immigration laws, and other factors.

How to Apply for the EB-2 Visa

The application process for the EB-2 visa involves several steps:

1. 1. Determine Eligibility: Assess whether you meet the requirements for the EB-2 visa category, either through an advanced degree or exceptional ability.
   2. Prepare Documentation:

• For advanced degree applicants, gather evidence of your degree and work experience.

• For exceptional ability applicants, collect evidence demonstrating your significant contributions and achievements.

1. 1. File Form I-140 (Immigrant Petition for Alien Worker):

• Complete Form I-140 and submit it to the U.S. Citizenship and Immigration Services (USCIS) along with the required documentation and fees.

1. 1. Await Adjudication:

• USCIS will review the petition, and if approved, you will receive a Notice of Approval (Form I-797).

1. Adjust Status or Consular Processing:
   • If in the U.S.: File Form I-485 to adjust your status to permanent resident.
   • If outside the U.S.: Attend an interview at a U.S. consulate or embassy to obtain your immigrant visa.
2. Receive Green Card: Upon successful processing, you will receive your green card, granting you permanent residency in the U.S.

For more information, you can speak to Happy Face

Disclaimer