The EB-2 Visa is a category of employment-based immigration visa in the United States that provides an avenue for professionals with advanced degrees or exceptional abilities to obtain lawful permanent residency, commonly known as a green card. This visa category is designed to attract individuals who possess significant expertise in their respective fields and contribute to the U.S. economy, research, or culture.
The EB-2 Visa, or Employment-Based Second Preference Visa, is a pathway for foreign nationals with exceptional abilities or advanced degrees to secure permanent residency in the U.S. It falls under the employment-based immigration system and aims to bring individuals of exceptional talent or advanced education to contribute to various sectors within the country.
Work Authorization: Once the visa is approved, beneficiaries can legally work in the U.S.
Pathway to Citizenship: After holding the green card for a certain period, EB-2 visa holders may be eligible to apply for U.S. citizenship.
Permanent Residency: Successful applicants and their immediate family members become lawful permanent residents of the U.S.
Flexibility: Unlike some other visa categories, EB-2 holders can self-petition, meaning they do not need an employer to sponsor them.
Advanced Degree: Hold an advanced degree (master's or higher) or its foreign equivalent in a specific field that is relevant to the intended employment.
Exceptional Ability: Demonstrate exceptional abilities in their field, which must result in a significant contribution to the field. This is evaluated through achievements, recognition, and expertise.
National Interest Waiver (NIW): Some applicants may also qualify for the EB-2 Visa through a National Interest Waiver, where they prove their work is of national importance and waiver the requirement of a job offer.
Labor Certification: In most cases, the sponsoring employer must first obtain a labor certification from the U.S. Department of Labor to demonstrate that there are no qualified U.S. workers available for the position.
Form I-140: The employer files Form I-140, Immigrant Petition for Alien Worker, on behalf of the applicant. This form outlines the job requirements, the applicant's qualifications, and the company's intent to hire.
Priority Date: Once the Form I-140 is approved, the applicant's priority date is established, which determines their place in the visa queue.
Visa Bulletin and Adjustment of Status: When the priority date becomes current according to the Visa Bulletin, the applicant can file for adjustment of status (Form I-485) if they are already in the U.S., or go through consular processing if outside the U.S.
Overall, the EB-2 Visa presents an opportunity for professionals with advanced degrees or exceptional abilities to achieve permanent residency in the U.S. by contributing their skills and expertise to various sectors within the country.