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    Understanding The Employment-Based EB-2 Visa Application Process

    SamanthaBy No Comments9 Mins Read

    What is an EB-2 visa?

    The EB-2 visa is an immigrant visa category that is part of the employment-based immigration system in the United States. It is designed for foreign nationals who possess advanced degrees or exceptional abilities in their respective fields and wish to immigrate to the U.S. for employment purposes. The EB-2 category falls under the broader EB (Employment-Based) immigrant visa preference system.

    Here are the key points to understand about the EB-2 visa category:

    • Eligibility Criteria:
    • The EB-2 visa category has two main subcategories: EB-2(A) for individuals with advanced degrees and EB-2(B) for individuals with exceptional abilities in certain fields.
    • EB-2(A) requires the applicant to have an advanced degree (master’s or higher) or a bachelor’s degree and at least five years of progressive post-bachelor’s work experience.
    • EB-2(B) requires the applicant to demonstrate exceptional ability in their field, which must be significantly above that normally encountered in their respective fields.
    • Labor Certification (PERM):
    • In most cases, before applying for the EB-2 visa, the employer sponsoring the applicant must obtain a Labor Certification through the Program Electronic Review Management (PERM) process. This process involves demonstrating that there are no qualified U.S. workers available for the position.
    • Preference Category and Visa Availability:
    • The EB-2 visa category is subject to numerical limitations, which means that there are a limited number of visas available each year. This category is considered a higher preference than the EB-3 category.
    • Depending on the applicant’s country of origin and the demand for visas, there may be waiting periods for visa numbers to become available.
    • Petition and Application:
    • To apply for the EB-2 visa, the employer must file Form I-140, Immigrant Petition for Alien Worker, on behalf of the foreign national.
    • The I-140 petition must include evidence of the applicant’s advanced degree, exceptional abilities, or achievements in their field.
    • Adjustment of Status or Consular Processing:
    • Once the I-140 petition is approved, the applicant can proceed to apply for adjustment of status to obtain a green card if they are in the U.S.
    • If the applicant is outside the U.S., they can apply for an immigrant visa through consular processing at a U.S. embassy or consulate.
    • National Interest Waiver (NIW):
    • Some EB-2 applicants may qualify for a National Interest Waiver (NIW), which allows them to bypass the labor certification requirement if their work is deemed to be of substantial benefit to the U.S. national interest.

    The EB-2 visa category is complex, and the specific requirements and application process can vary based on individual circumstances, including the applicant’s field of expertise and their country of origin. It’s recommended to consult with an experienced immigration attorney or refer to the official U.S. Citizenship and Immigration Services (USCIS) website for the most accurate and up-to-date information regarding the EB-2 visa. Read more “list your business in the” “free and paid submission to the” “add your site” statistics

    How to apply for an EB-2 visa?

    Applying for an EB-2 visa involves a multi-step process, including employer sponsorship, petition filing, and, if applicable, adjustment of status or consular processing. The process can be complex and involves both the employer and the foreign national. Here’s a general overview of the steps you would typically follow to apply for an EB-2 visa:

    • Employer Sponsorship and Labor Certification (PERM):
    • The first step in the EB-2 visa process is for the U.S. employer to obtain a Labor Certification through the Program Electronic Review Management (PERM) process.
    • The employer must demonstrate that there are no qualified U.S. workers available for the position and that hiring a foreign national will not negatively impact the U.S. labor market.
    • Form I-140 Petition:
    • Once the Labor Certification is approved, the U.S. employer files Form I-140, Immigrant Petition for Alien Worker, on behalf of the foreign national.
    • The I-140 petition must include evidence of the foreign national’s eligibility for the EB-2 category, such as documentation of an advanced degree or exceptional abilities.
    • Priority Date and Visa Bulletin:
    • The I-140 petition establishes the foreign national’s priority date, which is the date USCIS receives the I-140 petition.
    • Depending on the applicant’s country of origin and the demand for visas, there may be waiting periods before a visa number becomes available. You can track visa availability through the Visa Bulletin published by the U.S. Department of State.
    • Employer’s Financial Ability:
    • In some cases, the employer may need to demonstrate its financial ability to pay the foreign national’s wage as stated in the Labor Certification and I-140 petition.
    • Adjustment of Status (Form I-485) or Consular Processing:
    • If the foreign national is already in the U.S., they can file Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a green card.
    • If the foreign national is outside the U.S., they can apply for an immigrant visa through consular processing at a U.S. embassy or consulate.
    • Medical Examination and Biometrics (If Applying in the U.S.):
    • If applying for adjustment of status within the U.S., the foreign national will need to undergo a medical examination and attend a biometrics appointment for fingerprinting.
    • Adjustment of Status Interview (If Applicable):
    • In some cases, USCIS may schedule an adjustment of status interview to verify the accuracy of the information provided in the application.
    • Green Card Issuance:
    • Once the I-140 petition is approved and the priority date is current, and the adjustment of status application (Form I-485) is approved, the foreign national will receive a green card, becoming a lawful permanent resident.

    Keep in mind that the EB-2 visa process can vary based on individual circumstances and changes in immigration policies. It’s highly recommended to consult with an experienced immigration attorney or refer to the official U.S. Citizenship and Immigration Services (USCIS) website for the most accurate and up-to-date information regarding the EB-2 visa application process.

    EB-2 visa filing fees

    the filing fees for the EB-2 visa application can vary based on the specific type of EB-2 subcategory (EB-2(A) for advanced degrees or EB-2(B) for exceptional abilities) and the specific circumstances of the applicant. It’s important to note that these fees are subject to change, so it’s highly recommended to check the official U.S. Citizenship and Immigration Services (USCIS) website or consult with an experienced immigration attorney for the most up-to-date fee information.

    Here are some of the key filing fees that may be associated with the EB-2 visa application process:

    • Form I-140 Filing Fee:
    • The fee for filing Form I-140, Immigrant Petition for Alien Worker, which establishes the foreign national’s eligibility for the EB-2 visa category.
    • The filing fee can vary depending on the specific subcategory (EB-2(A) or EB-2(B)) and whether the employer qualifies for certain fee exemptions or reductions.
    • Premium Processing Fee (Optional):
    • Some employers may choose to pay an additional premium processing fee to expedite the processing of the I-140 petition. This fee is optional and provides for faster processing times.
    • Form I-485 Filing Fee (Adjustment of Status):
    • If the foreign national is applying for adjustment of status within the U.S., the Form I-485, Application to Register Permanent Residence or Adjust Status, may be required.
    • The filing fee for Form I-485 can include various components, such as the application fee, biometric services fee, and, if applicable, the fee for applicants aged 14 to 78 years old for fingerprinting.
    • Consular Processing Fee (Consular Processing):
    • If the foreign national is applying for an immigrant visa through consular processing at a U.S. embassy or consulate abroad, there may be associated fees for the visa application and related services.
    • Attorney Fees:
    • Many applicants choose to work with an immigration attorney to navigate the complex EB-2 visa application process. Attorney fees can vary based on the attorney’s experience, services provided, and the specific case details.

    It’s important to carefully review the fee instructions provided by USCIS, as well as the guidance on the official U.S. Department of State website. Additionally, consider seeking assistance from a reputable immigration attorney to ensure that you have accurate and current fee information and to guide you through the application process.

    EB-2 processing time

    The processing time for an EB-2 visa application can vary widely based on several factors, including the specific subcategory within EB-2 (advanced degree or exceptional ability), the current demand for visas, the applicant’s country of origin, and whether premium processing is requested (if applicable). Additionally, processing times can change over time due to shifts in USCIS workload and policies.

    A general idea of the processing times for different stages of the EB-2 visa application process:

    • Form I-140 (Immigrant Petition) Processing Time:
    • Regular Processing: The processing time for Form I-140 can vary significantly, ranging from several months to over a year. It often depends on USCIS workload and the specific service center handling the petition.
    • Premium Processing: If the I-140 petition is eligible for premium processing and the optional premium processing fee is paid, USCIS commits to adjudicate the petition within 15 calendar days.
    • Form I-485 (Adjustment of Status) Processing Time:
    • The processing time for Form I-485 (adjustment of status) can also vary based on factors such as USCIS workload, the applicant’s location, and whether an interview is required.
    • USCIS often provides estimated processing times on its website, which can give you a rough idea of how long it might take.
    • Consular Processing Time:
    • If the applicant is applying for an immigrant visa through consular processing at a U.S. embassy or consulate abroad, the processing time can vary depending on the specific embassy or consulate’s workload and procedures. Some embassies/consulates have shorter processing times, while others may have longer waiting periods.

    It’s important to note that USCIS provides estimated processing times on its official website, which can help you get an idea of how long it might take to process different types of immigration applications. These processing times are subject to change, and it’s recommended to regularly check the USCIS website for the most up-to-date information.