Family And Work Visa Plan Employment-based Second EB-2 visa

Employment-based First EB-2 visa

One of the best ways to migrate to the United States is by applying for a Green Card after applying for an Employment-Based visa, or EB visa. EB visas are prioritized into five groups, with EB-2 enjoying second priority.

The EB-2 Visa is designed for Second Priority workers. This refers to professionals with advanced degrees and people whose exceptional ability in the sciences, arts, or business is expected to substantially benefit the American economy, welfare, or cultural or educational interests. This visa requires a prior job offer from a prospective US-based employer.          

The application process for an EB-2 visa begins when the prospective employer or agent petitions the Department of Labor for labor certification. If this is approved, the employer will file Form I-40 (Immigration Petition for Alien Worker) with the US Citizenship and Immigration Services (USCIS). Your EB-2 visa application process starts once this petition is approved.

The EB-2 visa category contains three sub-groups:

Professionals with an advanced educational degree. This includes a Bachelor’s degree, Master’s degree or higher with five years of professional working experience in that field.

People with exceptional abilities in the arts, business, or the sciences.

People with abilities that they can prove would contribute to the national interest of the United States or people who have a National Interest Waiver.

How many EB-2 visas are available?

The US makes 140,000 EB visas available around October every year. These are divided among the five priority visas, EB-2 (28.6%), EB-2 (28.6%), EB-3 (28.6%), EB-4 (7.1%), and EB-5 (7.1%). These are divided equally among all countries from where EB visa applications are received, with the additional restriction that no one country may be issued more than 7% of the total number of EB visas.

Since the country limit is irrespective of size or population, this can create inequities. EB-2 applicants from populous countries such as India or China may face a long wait as other countries swallow up their quotas, leaving too few EB-2 visas for applicants from India and China.

Who is eligible for an EB-2 visa?

The criteria for eligibility in the three EB-2 categories are specific and rigorous. You will be required to produce specific documentation that shows that you meet the stated criteria.

If you are applying as a Professional with an Advanced Degree, you will need to produce the following with your application —

1. Academic record proving that you have an advanced educational degree, such as a Bachelor’s or Master’s Degree or a US equivalent.
2. A document written and signed by your former employer attesting that you have worked for five years in your line of expertise after acquiring your degree.

If you will be applying as a Person of Exceptional Ability in the arts, business or the sciences, or if you want to show that your abilities can contribute to the US national interest, or if you have a National Interest Waiver, you need to provide evidence of at least 3 of the 7 requirements listed below —

1. Achievements in the arts, business, or the sciences, or any other field of expertise. Documents such as diplomas, certificates or awards are acceptable.
2. A letter written and signed by your former employer attesting that you have at least 10 years full-time working experience in your line of expertise.
3. A license or certification that you are authorized and capable of practicing your profession.
4. High income earned because of your exceptional abilities.
5. Membership of one or more professional associations in your field.
6. Proof of recognition for your accomplishments and contributions in your field by the government, professional associations, or your peers.
7. A National Interest Waiver, along with evidence proving that your work is in the interest of the US and an advantage to them.

How do you apply for a National Interest Waiver?

?The National Interest Waiver (NIW), unique to the EB-2 visa category, waives the need for labor certification by the Department of Labor and the need for a job offer from a US-based prospective employer. To be eligible for the NIW, you must first have met the basic qualifications for an EB-2 visa, namely holding an advanced degree in your field or possessing exceptional ability in your area of expertise.

In applying for the NIW, you will be asked to provide evidence of the following —

1. That your work or project has both substantial merit and national importance.
2. That you are well suited to successfully carry out the proposed work or project.
3. That it would benefit the United States to waive its requirement of a job offer, and thus the need for labor certification by the Department of Labor.

If your NIW is approved, you may directly submit your Form I-140 (Immigration Petition for Alien Worker) without even having a job offer from a US-based employer.

How do you apply for an EB-1 visa?

Applying for the EB-2 visa is a 2-phase process unless you are applying for the EB-1EA as an individual of extraordinary ability. In all other cases, the process begins with the first phase, in which the prospective US employer petitions the Department of Labor for a certification of labor. Once this is obtained, the US employer must file a petition to the USCIS using Form I-140, Immigrant Petition for Alien Worker.

Phase 2 is all yours, and consists of all the steps you must take to apply for your EB-2 visa once the USCIS grants your immigration petition. 

The entire process is described step by step below.

1. Get a labor certification. Unless you are applying for an EB-1EA visa, your prospective employer will have to do this by filing Form ETA 750 to the Department of Labor. On this form, your US employer will declare that they could not find a suitable employee in the US for this post and would like to hire a foreign worker (namely, you) instead. If labor certification is denied, your application process will end right here.
2. File Form I-140, Immigration Petition for Alien Worker. Once again, this step is the responsibility of your prospective US employer. While filing the petition, the employer must also furnish documents to show that the company is financially stable. You may be asked to pay the filing fees for Form I-140, currently $700.

If the USCIS approves the petition, your prospective employer will be informed right away. Your case file will be sent to the National Visa Center (NVC) where it will be assigned a case number and invoice ID number. Once again, you will not be able to apply for an EB-2 visa if the petition fails to be approved.

If you have an NIW, you may apply directly by filling out the downloadable Form I-140 and submit it along with other required documents.

3. You will receive a starter package from NVC. The NVC will notify you when they receive your petition file and when your immigration visa number is about to become available. Your case number and invoice ID number will be bundled with instructions and detailed information on how to apply and mailed to you in your home country. Keep in mind that only 140,000 EB visas are made available every year. The NVC will dispatch your documents only when your priority date becomes current.

What is a priority date? The priority date is the day your Form I-140 petition is received by the USCIS. This is matched against the ‘final action dates’ listed in the visa bulletin that the Department of State releases each month. When your priority date meets the EB-2 final action date for your country, your date will become ‘current’. This means that an immigrant visa number is now available and you can move onto the next step.

If you are applying from a heavily populated country such as China or India, expect a longer priority date waiting time than others.

Once you receive the package from NVC, you can start the process of applying for an EB-2 visa at your home country’s U.S Embassy or Consulate.

4. File Form D-261: This relatively simple form, which you can fill and submit online, establishes a line between you and the NVC, and will contain your contact information and any other information that would make it easy to contact you during the application process. You start the process by entering the case number you received in the NVC starter kit. Once you have submitted the form, print out a copy of the confirmation page and number. You will need it later.
5. Get your medical tests and vaccinations. The NVC package will list the medical examinations and vaccinations that you will need before entering the US. Set up appointments to get all these required medical tests and vaccinations. Remember, medical documents must be signed by a registered, licensed doctor.
6. Compile the required documents. Once the NVC approves your form D-261 and gives you a date for the visa interview, put together the required documents. These will include —

• Passport valid for more than 6 months after the planned arrival date in the US
• Visa interview appointment letter
• An approved labor certification
• An approved petition
• Confirmation page of your Form DS-261
• Medical and vaccination documents signed by a registered doctor
• 2 photographs that conform with photo requirements
• Evidence that you fit for the category you are applying for
• Letters from former employers
• Documents proving you have no court or criminal record
• Any additional supporting documents that may be required by the NVC

7. Pay the visa fee: Once the NVC has processed your DS-261, you will be required to pay the processing fee of $230. You can pay this online by entering the case number you received from the NVC to start the process.

The fee invoices will become available at the NVC’s Consular Electronic Application Center after about a week, the time it takes for the NVC to process your DS-261 payment.

7. Go for the visa interview. You will receive an interview appointment letter from your local US Embassy or Consulate once the NVC has verified that your application is complete and acceptable. At this point, the NVC will transfer the file, containing your petition and documents, to the US Embassy or Consulate where the applicant will be interviewed for a visa.

The visa interview is a crucial step and will determine whether you get the EB-2 visa. Keep in mind that one of the most common reasons for visa denial is incomplete, inaccurate, or fraudulent paperwork. If you’ve carried out all the previous steps diligently, this final step will be that much smoother.

8. Receive your immigration package from the NVC: If your EB-2 visa is approved, the NVC will send you a package. Important: You are not authorized to open this package. Do not open it. Once you reach the US, present the package to the immigration officer. He is the only one authorized to open the package and determine if you are granted access to the U.S or not.

The visa officer may request additional documents at his or her discretion and these requirements may vary from country to country.

How much does an EB-2 visa cost?

There can be up to five costs on the way to getting an EB-2 visa —

DOL Labor Certification fee (employer)

USCIS Form I-140 petition filing fee (employer) – $700

Form DS-261 processing fee (employee) – $230

Medical examination fees (employee)

Fees to get supporting documents (employee)

Any translation fees from foreign language to English (employee)

Need more help?

If you still feel that you would like to have professional help in making your application or would like to consult a lawyer who specializes in immigration and visa matters, you can explore some of your options, including how to access our exclusive list of professional immigration lawyers.

If you have questions or would like clarifications, please send us an email and we’ll do our best to get back to you within 24 hours with an answer.