The EB-2 visa is a U.S. employment-based visa designed for highly skilled workers. It’s for people with advanced degrees, exceptional abilities, or skills that benefit the U.S. economy, culture, or society.
Who Qualifies for EB-2?
The EB-2 visa is for individuals who:
- Hold an Advanced Degree:
- To meet the EB-2 advanced degree requirement, you must have a master’s degree (or its equivalent, such as a bachelor’s degree plus 5 years of progressive work experience).
- Have Exceptional Ability:
- If you possess an EB-2 exceptional ability in areas like the sciences, arts, or business, you must demonstrate your expertise through awards, recognition, or substantial contributions to your field.
- National Interest Waiver (NIW):
- You can skip the job offer requirement if your work benefits the U.S. significantly. This is often used for researchers, healthcare professionals, and entrepreneurs.
EB-2 Process: Step-by-Step
The EB-2 visa process includes the following steps:
- Labor Certification (PERM):
- National Interest Waiver (NIW) petitioners do not need to show that there are no qualified U.S. workers for the role but other applicants must show that there are no qualified U.S. workers.
- NIW petitioners are exempt from this step and no employer sponsor is required.
- Filing the EB-2 Visa Petition (Form I-140):
- Your employer submits Form I-140, or you can self-petition if applying under NIW. This establishes your qualifications for an EB-2 green card.
- Priority Date:
- After filing, you’ll receive an EB-2 priority date, which determines when you can proceed to the final stages of your EB-2 visa application.
- Adjustment of Status or Consular Processing:
- If you’re in the U.S., you file Form I-485 to adjust your status.
- If outside the U.S., you complete consular processing at a U.S. embassy or consulate.
EB-2 Benefits
The EB-2 benefits include:
- Permanent residency for you and your family (spouse and children under 21).
- The ability to work and live anywhere in the U.S.
- No restrictions on the type of job you take after obtaining your EB-2 green card.
- A faster pathway compared to other employment-based green card categories, depending on your EB-2 priority date.
The EB-2 visa is ideal for individuals with unique qualifications who want to secure permanent residency in the U.S. Understanding the EB-2 requirements, EB-2 eligibility, and EB-2 process ensures your EB-2 visa application is successful.
Why NIW? Timing and Flexibility:
Those seeking a national interest waiver under this category are requesting that the job offer, and thus the labor certification, be waived because it is in the interest of the United States and this provides a unique opportunity for professionals to enter the U.S. on the petitioner’s own terms to perform specialized work.
One of the significant advantages of this category is its streamlined process compared to the traditional Labor Certification pathway. Employers looking to hire foreign talent often face lengthy and complex procedures.
To sponsor a foreign worker through the Labor Certification process, the employer must:
- Obtain a prevailing wage determination to ensure that wages are fair and competitive in the current market. This step alone can take up to a year.
- Apply for a labor certificate, which can also take up to a year.
- Submit an I-140 petition, ensuring that no critical documents expire during the process.
How YA Law Simplifies the EB-2 Process
At YA Law, our experienced U.S. Immigration team expedites the EB-2 process efficiently. We prepare the application within 3 to 4 months and file it with USCIS. By leveraging premium processing, we ensure quicker processing times, saving valuable time and resources for you and also our legal fees are in Canadian dollars.
If you’re considering the EB-2 visa under a national interest waiver, trust YA Law to guide you through the process seamlessly and effectively. Contact us today for expert assistance.