The EB-2 visa is an employment-based immigrant visa category for professionals with advanced degrees or individuals demonstrating exceptional ability in their field. This visa is designed for individuals who have completed higher education (typically a master's degree or higher) or possess specialized skills and expertise that significantly benefit the U.S. economy, culture, or society. The process begins with the filing of Form I-140, Immigrant Petition for Alien Worker, by the applicant or their employer with U.S. Citizenship and Immigration Services (USCIS). The petition must provide evidence of the applicant's qualifications, which may include academic degrees, professional certifications, and proof of exceptional ability in areas such as business, science, or the arts.
For professionals with advanced degrees, the applicant must provide documentation of their educational background, including diplomas and transcripts, to demonstrate they meet the advanced degree requirement. Alternatively, those with exceptional ability must submit evidence of at least three criteria from a set of designated categories, such as significant contributions to the field, membership in professional organizations, or high salary compared to others in the industry. If the applicant is seeking a National Interest Waiver (NIW), they must show that their work benefits the U.S. in a way that justifies bypassing the labor certification process, which is typically required for other employment-based visa categories. The I-140 petition must also include letters of recommendation from experts in the field to support the claim of exceptional ability or advanced qualifications.
Once the Form I-140 is approved, the applicant can either apply for adjustment of status if already in the U.S. by filing Form I-485, Application to Register Permanent Residence or Adjust Status, or undergo consular processing if outside the U.S. at a U.S. embassy or consulate. After approval, the applicant will receive their immigrant visa or Green Card, granting them lawful permanent residency in the United States. The EB-2 visa is highly desirable due to its benefits, including relatively fast processing times compared to other employment-based visas. However, the process can be intricate and requires proper documentation to meet eligibility requirements, making it advisable to seek legal assistance to navigate the process effectively and ensure a smooth application.
