EB-2 Visa Requirements, Eligibility and Processing Time - Malescu Law, PA

The EB-2 visa is an employment based permanent residence category (green card) for individuals with advanced degrees (or its equivalent) or those with exceptional abilities in the arts, sciences or business.

The U.S. immigration system reserves visas specifically for workers with advance degrees or exceptional abilities, granting 40,040 EB-2 visas annually.

EB-2 visas are ideal for professionals seeking permanent residency in the U.S. and offer a path to contribute their expertise and knowledge to the United States.

We use our expertise to advise you on all aspects of business immigration, business operations and growth strategies.
Anda Malescu, US Immigration lawyer, Board Certified Expert International Law

What is EB-2 Visa?

The EB-2 visa, also known as the EB-2 Green Card, is a pathway to permanent residency in the United States for highly skilled professionals or individuals with exceptional abilities in the arts, sciences or business

Who is Eligible for an EB-2 Visa?

The following individuals are eligible for EB-2 visa:

Professionals with Advanced Degrees (Masters, PhDs): If you hold an advanced degree in your field and your desired U.S. job requires it, the EB-2 visa could be your path to permanent residence. You need to possess a Master’s degree, Ph.D., Juris Doctor (JD), or M.D. or a foreign equivalent in a field relevant to the sponsored position.

Bachelor’s Degree with Experience: If you have a bachelor’s degree or a foreign equivalent, you can still qualify for EB-2 visa if you can demonstrate at least five (5) years of progressive work experience in your field. This experience should be relevant to the position you are seeking and demonstrate your expertise.

Individuals with Exceptional Ability: If you possess exceptional ability in the arts, sciences or business, you may qualify for an EB-2 visa even without an advanced degree (or its bachelor plus five years progressive experience equivalent). You must meet certain criteria to qualify for EB-2 visa based on exceptional ability.

EB-2 Visa Requirements

There are many requirements for the EB-2 visa for both the foreign national and the US employer. An experienced EB-2 visa lawyer can analyze your specific situation, assess your eligibility and requirements you need to meet, and guide you through the entire process.

Here’s a breakdown of the EB-2 visa requirements:

You hold an advanced degree (or its equivalent) or possess exceptional ability
You must have a confirmed job offer from a sponsoring U.S. employer.
The offered position aligns with your educational background or area of exceptional ability.

Step by step process to EB-2

Obtaining an EB-2 visa is a multi-step process that involves your sponsoring US employer. Here’s a simplified breakdown:

Job Offer and Sponsorship. Your US employer must offer you a permanent full-time position and sponsor you.
PERM Labor Certification. Before petitioning for the visa, your sponsoring employer must obtain an individual PERM labor certification from the U.S. Department of Labor (DOL). This process involves the employer testing the U.S. labor market to ensure no qualified American worker is available for the position. This certification also verifies that job offer does not adversely affect US workers’ wages and working conditions. To learn more about the labor certification process, visit PERM labor certification.
I-140 Petition: Once the PERM labor certification is approved, your employer must file an I-140 immigrant petition on your behalf with USCIS (US Citizenship and Immigration Services). This petition establishes your eligibility for the EB-2 classification based on your education and experience.
Consular Processing or Adjustment of Status: Depending on your situation, you may need to attend an interview at a US consulate abroad or apply for adjustment of status if you are already legally present in the US. After USCIS approves your I-140 petition, you can proceed with consular processing by filing Form DS-260, the online immigrant visa application. If you are present in the United States with valid nonimmigrant status when the I-140 is approved, you may be able to apply for adjustment of status and receive your permanent residency (green card) without leaving the United States. Please consult an experienced immigration attorney to determine the best course of action for your situation.

EB-2 Visa Processing Time

The overall processing times for EB-2 visas can vary significantly depending on DOL and USCIS workloads and visa availability. Be prepared for a potentially lengthy wait.

You can file for premium processing for all EB-2 petitions at USCIS. Even if you did not apply for premium processing at the time of filing, you can still expedite your case by upgrading to premium processing. This service ensures a response from USCIS within 15 business days. To upgrade, file Form I-907, Request for Premium Processing Service, with the required fee directly with USCIS.

Important considerations

You cannot petition for an EB-2 visa independently.
Your sponsoring employer plays a critical role. The sponsoring employer must advertise the job opening to test the US labor market.
The employer needs to document the qualifications required for the job and demonstrate that your offered salary meets the prevailing wage for similar positions in the area.
The US Department of Labor must certify the PERM labor certification before your sponsoring employer can file a petition with USCIS.

Alternative path to green card

Foreign nationals with advance degrees (or its equivalent) or exceptional ability in arts, sciences and business can seek a National Interest Waiver under the EB-2 Visa category (EB-2 NIW).

An EB-2 NIW eliminates the need for PERM Labor Certification, allowing you to self-petition without a job offer if your work is in the national interest of the the U.S. The work that qualifies for a national interest waiver is not defined by statute, but national interest waivers are usually granted to those whose employment in the United States greatly benefits the nation.

Unlike the standard EB-2, an NIW waives the need for a job offer, sponsorship, and PERM labor certification. Those seeking a national interest waiver do not need employer sponsorship.

The National Interest Waiver is a viable option for investors, entrepreneurs and those whose expertise benefits the nation, and who do not wish to tie themselves to a sponsoring employer and wait for the lengthy PERM processing.

Malescu Law can assist

The EB-2 process is complex and requires substantial documentation. Consulting with an EB-2 visa lawyer can help you navigate the complexities of PERM and the overall process.

Contact us, your experienced business immigration lawyers in Miami, Florida, to schedule an appointment for your immigration case and find out more about the EB-2 program and other options available to you.

Malescu Law P.A. – Business & Immigration Lawyers

We use our expertise to advise you on all aspects of business immigration, business operations and growth strategies.