The EB-2 visa is an immigrant visa (preference category two) for U.S. employment-based permanent residency; it was created by the Immigration Act of 1990. EB-2 visas are second preference visas –– as opposed to EB1 visas (first preference) and EB3 visas (third preference).
EB-2 visas are reserved for individuals who:
EB-2 visas are employment-based, meaning that the alien in question must immigrate to secure a position in the U.S. A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate), and the alien possesses such a degree or the equivalent. Alternatively, the alien may have a bachelor’s degree and at least five (5) years of experience. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty.
In order to achieve the classification of “exceptional ability” in the sciences, arts, or business, the alien must provide documentation for at least three of the following:
There is one final way that an alien can attain an EB-2 visa. In some instances, aliens may be granted an EB-2 visa based on the National Interest Waiver (NIW). An NIW removes the requirement for a labor certification. To successfully apply for an NIW, an alien must 1) demonstrate that their immigration is of “national interest” to the U.S. and 2) meet at least three of the above criteria.
A visa applicant’s priority date determines their place in line for a visa or green card. Since the EB-2 visa is an employment-based visa and requires a labor certification, the priority date for an application is established when the Department of Labor receives a labor certification application. An applicant’s priority date will determine the order in which their case is reviewed. (So cases filed in March of 2019 will come under review before those filed in June of 2019.)
The EB-2 application process generally follows three steps.
As mentioned above, an EB-2 visa is one of several employment-based visas available to alien workers. The others are EB1 and EB3 visas. EB1 visas are reserved for aliens who are outstanding professors, researchers, certain multinational executives and managers, or individuals with “extraordinary ability.” Applicants for EB3 visas, meanwhile, include professionals, skilled workers, and other workers.
Our managing EB-2 attorney Karen-Lee Pollak and experienced immigration support team will work with you to determine the best possible employment preference category for you.
Our firm provides full-service professional legal advice and representation to help you find an immigration solution to your visa needs. Please contact us to discuss your Immigration options.
Contact us today to speak with our managing attorney Karen-Lee Pollak and experienced immigration support team.