EB2 Visa

An EB-2 Visa is an ideal option for those seeking permanent residency in the United States that have significant degrees and work experience in his or her field of expertise.

EB2 Visa (Green Card)

There are three primary categories for United States Green Card application via employment:

  • EB-1
  • EB-2
  • EB-3

The EB-2 is employment-based and open to foreign workers who have advanced degrees or educational experience. It is for those seeking permanent residency in the United States.

The United States Immigration department allocates 40,000 green cards for each category each year. Most of the applications are filed in the EB-3 category. If qualified, this provides foreign workers with incentives.

This visa is available to those foreign workers with advanced academic degrees or those with exceptional capability in athletics, medicine, business, or science. It is also for those who have exceptional ability in some way that will greatly benefit the national interest of the United States.

The EB-2 green card is so popular because it provides a quick route into permanent residency. These applications are carefully screened by the USCIS. An attorney is very much recommended when filling out the application.

The work is worth it, as there are many advantages of the EB-2 visa. Primarily, the process is expedited compared to other visa categories.

Green Card Holder's Family

There are some family members of the green card holder that may stay in the United States through an E-21 visa application for a spouse and an E-22 visa for minor children who are not married.

The spouse of the green card holder can apply for EAD or Employment Authorization Document. This provides him or her with the right to work in the United States during the application for permanent residency.

EB-2 Eligibility

The EB-2 includes three subcategories within the visa:

  • EB-2(A) for foreign professionals with advanced degrees. This includes a Bachelor’s degree with significant experience, Master’s degree, Ph. D, or a law or medical degree. A job offer from a U.S. company will also be required.
  • EB-2(B) for applicants with a current job offer from a company in the U.S. that can prove his or her exceeded ability in arts, medicine, business, science, or athletics. Along with an advanced degree, the applicant must also have 10 years' experience in his or her field.
  • EB-2(C) applicants are foreign nationals with a National Interest Waiver or can prove that his or her activities will inherently benefit the national interest of the United States. Proof that the applicant’s field has a significant intrinsic merit will be required, in addition to the requirements for the other subcategories.

The following documents are required:

  • EB-2(A) will need to supply proof of an advanced degree, proof of a Bachelor’s degree with five years’ experience, and proof of a job offer in the United States
  • EB-2(B) and (C) must provide three of the following: proof of academic qualification in their field, proof of 10 years minimum experience, a professional license, proof of salary, documentation from professional associations, proof of peer recognition, or additional proof not listed but accepted for review.

Labor Certification (PERM)

Employers in the United States making a job offer to those with an EB-2 application will need to go through the PERM labor certification. This is a process in which the employer is asked to advertise the permanent vacancy to the American workforce and would only hire a foreign worker if Americans were not willing to take the job.

PERM is managed by the Department of Labor, which also issues permits to employers. The employer must submit the permit as necessary. Whether or not the case is included with the requested category at the time of the settlement of the I-140 petition will be determined by the USCIS.

Receipt and Approval Notice: Category Stated

Once the I-140 has been identified in the category of EB-2, the USCIS will provide a Form I-797.

Qualifications vs. Job on Offer

Some job offers will be easily matched and identified, like a doctor, lawyer or economist. However, there are others that are not as easily matched within this category. An example would include a marketing professional with a large annual salary that may not have an advanced degree with five years of experience.

Timing of Gaining the Needed Work Experience

Applicants that are reliant upon a Bachelor’s degree and five years of experience must meet that time minimum before the potential employer submits the labor certification or before being employed in the United States.

If you need help with getting an EB-2 Visa, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Stripe, and Twilio.