EB-2: A Closer Look at the VISA

Share on facebook
Share on twitter
Share on linkedin
Share on whatsapp
Share on telegram
A Closer Look at EB-2 VISA

What is an EB-2 VISA and Who is it for?

An EB-2 VISA petition, in simple words, is an employment-based 2nd preference petition intended for foreign professionals carrying an advanced degree or its equivalent. It is also for foreign nationals who exhibited exceptional ability in the fields of sciences, arts, or business. In special cases, if you are a professional possessing a bachelor’s degree, and 5 years of continuous strong and solid experience in the specific job being offered, maybe considerably having an equivalent master’s degree in the field.

PERM Labor Certification

PERM labor certification is the first required initial step for foreign nationals in processing an employment-based immigrant visa. The Department of Labor (DOL) should certify to the United States Custom and Immigration Services (USCIS) that the employment of the foreign worker will not significantly affect the current working set up and wages of the U.S workers in the similar field. Additionally, the DOL should also certify that there are not enough U.S workers willing, able, and qualified to accept the position offered to the foreign nationals. They can do this by conducting hiring activities to test the market availability of the position they wanted to offer to the foreign nationals. And if their hiring efforts did not find anyone in the United States available, willing and capable of the position, they can file for the PERM certification.

Note: This certification is only valid for 180 days, so it should be submitted to the USCIS as soon as it was obtained.

Eligibility Criteria for EB-2 VISA                  

Advanced Degree

The position you are applying for should require an advanced degree that you are carrying, or its foreign equivalent. It could also be a baccalaureate degree plus solid 5 years or experience in the field.

Exceptional Ability

You should exhibit exceptional ability in the field of business, arts and sciences. In this case, exceptional is defined as a “degree of expertise significantly above the ordinary.”

Documentary Requirements

· Official records or your academic degree. Your diplomas, certifications and awards from the universities and learning institutions related to your area of expertise.

· Records of your recognition or any achievements such as significant contributions to your field of expertise acknowledged by business organizations or government entities.

· Document proof of at least 10 years of experience in your occupation.

· Professional certifications such as your licenses and other permits related to your  profession.

· Any proof of a high salary for your exceptional ability in your previous jobs.

· Certificate of membership in professional organizations in your area or field of expertise.

National Interest Waiver

Foreign nationals who are filing for a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States.

A national interest waiver is for those with an exceptional ability demonstrated in their field and whose job will significantly benefit the United States.

Criteria for National Interest Waiver

· Your job should be of national importance to the United States.

· It should be beneficial for the United States to waive the Labor Requirements and other certifications.

Important Notes to Remember

Your US employer must file a Form I-140, Petition for Alien Worker to qualify for an EB-2 Visa. You can file on your own if you are filing for a National Interest Waiver.

Additionally, your employer should submit necessary documents as proof of their capacity to continuously pay for the wage they offered to you. They can use company annual reports for audit purposes.

You must include your approved Application for Permanent Employment Certification from the Department of Labor on ETA Form 9089 in your petition for an employment-based, second preference petition. (EB-2 Visa)

If you have legal dependents such as spouse and children under the age of 21, they can also apply for permanent residency as soon as your petition has been approved and granted.

You can seek legal help to check your eligibility for the EB 2 before beginning the process of your petition, especially if you are filing for a National Interest Waiver (NIW).

You might also read
High Salary or Other Significantly High Remuneration
EB-1: High Salary or Other Significantly High Remuneration

If you think you have extraordinary skills, you must have thought of earning more than others in your field. Skills are directly related to your income, and USCIS considers this and will label your ability as “extraordinary” if your income is comparatively higher than others in your field. Sethi and Mazaheri Law firm brings you another article on the EB-1 series where we explain the ten criteria laid down by the USCIS for establishing your extraordinary ability. 

Let us work on your case

Or simply fill out the form and one of our attorneys will get back to you pretty shortly.

Sethi Footer
We're Here
To Assist You

Subscribe to Sethi & Mazaheri’s monthly newsletter and receive important immigration-related  updates.

Skip to content