The Employment-Based Immigration Second Preference visa is also known as the EB-2 visa, and it is one of the most sought-after pathways for skilled professionals seeking permanent residency in the United States.
This visa category is designed for individuals who possess exceptional ability in their field or hold advanced degrees, making it a crucial component of America’s merit-based immigration system. But who qualifies for it, how much does it cost, and what are the advantages and disadvantages?
FileRight’s guide to the EB-2 visa explains this and more. If you’re a skilled professional who is seeking a path toward permanent residency in the U.S., this guide is a must-read.
What is an EB-2 visa and who qualifies for it?
The EB-2 visa is an employment-based immigrant visa. This is what is known as a “second-preference” visa because it’s second in the priority ranking system that was established for employment-based permanent residency visas, with the EB1-A visa being first priority. Here are the three main groups who qualify for the EB-2 visa:
- Professionals with advanced degrees
- Individuals with exceptional ability
- National Interest Waiver (NIW) recipients
The EB-2 visa typically requires labor certification unless you qualify for a National Interest Waiver. This means your employer must prove no qualified U.S. workers are available for the position.
Understanding the EB-2 Visa Categories
The EB-2 visa is divided into three distinct subcategories, each catering to different qualifications and circumstances. The first subcategory is for professionals holding advanced degrees or their equivalent. An advanced degree typically means a master’s degree or higher, though in some cases, a bachelor’s degree plus five years of progressive experience in the field can qualify as an equivalent.
The second subcategory accommodates individuals with exceptional ability in the sciences, arts, or business. Exceptional ability, in this context, means a degree of expertise significantly above that ordinarily encountered in these fields. The third subcategory, known as the National Interest Waiver (NIW), allows qualified individuals to petition for themselves without an employer sponsor if you can prove that your work is in the national interest of the United States.
Basic Requirements and Qualifications for the EB-2 Visa
For the advanced degree category, applicants must possess either a master’s degree or higher in their field, or a bachelor’s degree followed by at least five years of progressive experience in the specialty. The degree must be from an accredited institution, and if obtained from a foreign institution, it must be evaluated as equivalent to a U.S. degree.
For those applying under the exceptional ability category, you must demonstrate at least three of the following criteria:
- Official academic record showing advanced degree or specialized training
- Letters documenting at least 10 years of full-time experience
- Professional license or certification
- Evidence of a high salary or exceptional remuneration
- Membership in professional associations
- Recognition for achievements and significant contributions
- Other comparable evidence of qualification
The Labor Certification Process
Unless applying under the National Interest Waiver provision, EB-2 visa applicants typically require a job offer and must go through the labor certification process, also known as PERM (Program Electronic Review Management). This process is designed to protect U.S. workers and ensure that hiring foreign workers won’t adversely affect wages and working conditions of similarly employed U.S. workers.
During the PERM process, employers must conduct extensive recruitment efforts to prove that no qualified U.S. workers are available for the position. This includes placing job advertisements in various media, interviewing qualified applicants, and documenting why U.S. applicants were rejected. The process typically takes several months and requires careful attention to Department of Labor regulations.
The National Interest Waiver Option
The National Interest Waiver (NIW) represents a significant advantage within the EB-2 category, as it allows qualified individuals to bypass both the job offer requirement and the labor certification process. To qualify for an NIW, applicants must demonstrate that their work is both in an area of substantial merit and national importance, and that they are well positioned to advance their proposed endeavor.
Furthermore, they must show that it would be beneficial to the United States to waive the job offer and labor certification requirements. This can be demonstrated through evidence of the applicant’s past achievements, current work’s importance, and potential future contributions to their field. Common beneficiaries include researchers, entrepreneurs, and professionals working in critical areas such as healthcare, technology, and environmental science.
How much does an EB-2 visa cost in 2024?
Getting the EB-2 visa involves several government filing fees that applicants need to carefully consider in their immigration journey. Understanding these costs is crucial for proper financial planning and ensuring a smooth application process.Here’s a breakdown of the typical EB-2 visa costs in 2024:
- Form I-140 (Immigrant Petition): $715
- Form I-485 (Adjustment of Status): $1,440
- Biometrics Fee: As of April 2024, most applications no longer need a separate biometrics fee.
- Form I-765 (Work Authorization): $470 for online filing and $520 for paper filing
- Form I-131 (Advance Parole): $630
In total, applicants should expect to budget between $3,255 and $3,305 for government filing fees alone. However, it’s important to note that these costs don’t include additional expenses such as medical examinations, legal representation, or document translation services that may be necessary during the application process.
EB-2 Visa Processing Times and Priority Dates
So now that you know how much it will cost to get an EB-2 visa, how long will it take? The answer to that is, it depends. The processing times for this visa can vary significantly based on your country of origin, the subcategory of your application, and USCIS’s current workload. If you’re from India, China, or another country with a high immigration rate, you may have a long wait due to annual visa number limitations for these countries.
One crucial concept is the priority date, which is established when either the PERM labor certification is filed or, for NIW cases, when the I-140 petition is filed. For most countries (again, except India and China, the priority dates are typically “current,” which means eligible applicants can proceed with their adjustment of status immediately after I-140 approval.
Filing the EB-2 Petition and Supporting Documentation
The formal EB-2 visa process begins with filing Form I-140, Immigrant Petition for Alien Worker. This petition must be accompanied by substantial supporting documentation, including evidence of your qualifications, such as your educational credentials, employment verification letters, and proof of your exceptional ability, if it’s applicable in your case.
For NIW cases, additional documentation demonstrating the national importance of the applicant’s work and their capacity to advance their proposed endeavor is crucial. This might include expert letters, citations of published work, media coverage, and evidence of the practical applications of their research or work.
Adjustment of Status or Consular Processing
Once the I-140 petition is approved and a visa number becomes available (based on the priority date), applicants who are already in the United States can file for adjustment of status using Form I-485. This process allows you to transition to permanent resident status without leaving the country.
For applicants outside the United States, or those who choose not to adjust status, consular processing is the alternative. This involves attending an interview at a U.S. embassy or consulate in your home country. The choice between these two options often depends on your personal circumstances, your timing considerations, and your unique travel needs.
Employment Authorization and Travel Documents
During the adjustment of status period, applicants can apply for employment authorization (EAD) and advance parole travel documents. The EAD allows you to work for any employer while your adjustment application is pending, providing you with valuable flexibility. Advance parole also permits international travel without abandoning your adjustment application.
These interim benefits are particularly important because they can provide you with stability and mobility during what can be a lengthy, stressful, and unpredictable processing period. However, you should be aware that maintaining a valid underlying nonimmigrant status (such as H-1B) might still be advisable as a backup option.
Maintaining Status and Compliance of Your EB-2 Visa
So once you’ve got your EB-2 visa, how do you maintain your status and keep compliant? Once you’ve got permanent residency through the EB-2 category, you’ll need to comply with certain obligations to maintain your status. This means you’ll need to maintain a residence in the United States and you’ll need to comply with U.S. tax laws. It’s also important to not abandon your permanent resident status through extended absences from the country.
For those who obtained their green cards through employment-based categories, including EB-2, there’s an implied good faith requirement to work in the field for which the green card was granted, at least initially. However, after obtaining permanent residency, individuals have the flexibility to change employers or careers.
The EB-2 Visa: Pros and Cons
While this visa category offers several distinct advantages, it’s important to understand both its benefits and limitations before pursuing this immigration option.
What are the advantages of EB-2 visa?
When it comes to the EB-2 visa, there are plenty of advantages. Some of the benefits include faster processing times and wait times compared to EB-3 visas and the availability of optional premium processing, which can make the approval process a lot faster.
In addition to those benefits, the EB-2 visa also gives you a self-petition option in the National Interest Waiver, since you can apply for an NIW without an employer sponsor. This means more career flexibility and independence for you, along with no labor certification (PERM) requirements.
Many immigrants appreciate being able to change employers after green card approval and having the ability to work for multiple employers. With the EB-2 visa, you can also start your own business once your permanent residency is granted.
The EB-2 visa has worldwide recognition, and it is a respected status for international travel and business, making it a popular option. However, that doesn’t mean it’s not without its disadvantages.
What are the disadvantages of EB-2 visa?
With so many advantages, it’s hard to imagine the EB-2 visa has any drawbacks. But it does have a few. Here are the main disadvantages of the EB-2 visa:
Processing Time and Backlogs
The biggest drawback is often the lengthy processing time, especially for applicants from countries with high demand like India and China. These backlogs can extend waiting periods to several years or even decades in some cases. The visa bulletin’s priority dates move slowly for these countries, creating significant delays in obtaining permanent residency.
Labor Certification Requirements
Unless you qualify for a National Interest Waiver, the PERM labor certification process is mandatory. This process is:
- Time-consuming (it often takes 6-12 months)
- Expensive for employers
- Requires extensive recruitment efforts
- Subject to Department of Labor audits
- Can be denied if qualified U.S. workers are available
In addition to these disadvantages, many immigrants may find the documentation process burdensome. Applying for an EB-2 visa requires providing documentation of your educational credentials, your work experience, your exceptional skills, your financial stability,and your employer’s ability to pay.
These disadvantages often make the process challenging, though many immigrants still find the benefits of permanent residency are well-worth pursuing this path.
EB-2 Visas, Dependents, and Family Considerations
Can your spouse and children get green cards if your EB-2 visa is granted? Yes, when your EB-2 visa petition is approved, your spouse and unmarried children under 21 years old can receive green cards as your dependents. These family members are classified as “derivative beneficiaries” and can obtain their permanent residency status at the same time as the primary EB-2 applicant, assuming they’re included in the application process.
Spouses of those with EB-2 visas can also get employment authorization while their adjustment applications are pending, allowing them to work in the United States. This family-friendly aspect of the EB-2 category makes it particularly attractive to professionals with families who are seeking permanent residence in the U.S.
Conclusion: Is Getting the EB-2 Visa Worth It?
The EB-2 visa category represents a valuable pathway to permanent residency for highly qualified professionals and individuals of exceptional ability. Whether pursuing the traditional route with employer sponsorship or the self-petitioned National Interest Waiver, successful navigation of this category requires careful attention to detail, thorough documentation, and often, professional guidance.
Understanding the various options within the EB-2 category, along with their respective requirements and procedures, is crucial for making informed decisions about the immigration process. While the journey to permanent residency through the EB-2 category can be complex and time-consuming, it offers significant advantages for qualified individuals and continues to play a vital role in attracting and retaining talented professionals in the United States.
For those considering the EB-2 visa pathway, careful evaluation of qualifications, thorough preparation of documentation, and realistic assessment of processing times are essential steps toward a successful application. With proper planning and execution, the EB-2 visa can provide a stable foundation for building a permanent future in the United States. It is well worth the effort to try to get this visa if you qualify.
