EB-2 Visa Explained: Eligibility, Fees, Processing Times, & How to Apply
What is the EB-2 Visa?
The EB-2 visa is an employment-based green card available to people with an advanced degree or exceptional ability.
Typically people do need an employer to sponsor the application, but there is a waiver for this requirement called the "National Interest Waiver" (often referred to as EB-2 NIW.) More on this later in the article!
EB-2 Eligibility
There are 2 different categories of the EB-2 visa. To be eligible for the EB-2, the immigrant must meet the criteria of one of the following categories:
Advanced Degree
Applicant must show that they have:
An advanced degree (or the foreign equivalent); OR
A bachelor's degree and 5 years of “progressive work experience”
Exceptional Ability
Applicant must prove that they have an expertise “significantly above that ordinarily encountered in the sciences, arts, or business.”
How to Apply for an Eb-2 Visa: A Step-by-Step Guide
Step 1: Apply for the Permanent Employment (PERM) Labor Certification (unless applying under the National Interest Waiver)
Prior to filing a petition with USCIS, the U.S. employer must first prepare and submit a PERM application with the Department of Labor (DOL). This is done using form Form ETA-9089 (officially called the “Application for Permanent Employment Certification.”) This entire process can take about a year to complete. Before the employer can submit ETA-9089, they will need to complete several pre-filing steps, including making sure the basic PERM requirements are met, conducting certain recruitment steps to show that there's no American citizens that are available to fill the position, and giving advance notice to employees. These pre-filing steps alone can typically take about 6 months to complete.
National Interest Waiver
If applying for the National Interest Waiver, the immigrant can skip this step and apply without a sponsor and without a PERM labor certification. To do this, they must:
Have an advanced degree or exceptional ability (as defined above);
Prove that waiving the labor certification would, on balance, be beneficial to the United States;
Show that the proposal (the work the immigrant plans to do in the US) is of “substantial merit and national importance”
Prove that they are "well-positioned” to execute their proposed work
Step 2: File for I-140 with USCIS
Within 180 days of receiving the labor certification, the employer will need to file Form I-140 with USCIS along with the required filing fees and supporting documents.
Once USCIS receives the petition, they will send out a notice confirming receipt. The applicant may also receive notices to appear for a biometrics appointment or an interview, though these may not required in every case.
The estimated wait time for Form I-140 can be found on this page of the USCIS website. If you opt for premium processing, the I-140 can be processed in 15 days.
Once USCIS completes their review, they will send a notice containing their decision.
Step 3: Wait for a Visa to Become Available
Once the I-140 is approved, the applicant must wait for a visa to become available. Wait times will vary depending on the country of origin. Use the Visa Bulletin to determine when a green card is available.
Step 4: File for the Green Card
This process varies depending on if you are applying from inside or outside the United States.
Applying from Inside the US (Adjustment of Status)
If living in the United States, the applicant will need to file Form I-485 with USCIS along with the necessary fees, supporting documents, and an I-693. Depending on circumstances, the applicant may also want to apply for advanced parole or employment authorization with the I-485. Once I-485 has been received, USCIS will notify the applicant of their upcoming biometrics appointment and their in-person interview if one is required.
Applying from Outside the US (Consular Processing)
If the applicant currently resides outside the United States, they will need to apply for their lawful permanent resident card through consular processing. To do this, they will need to file Form DS-260, Application for Immigrant Visa and Alien Registration, making sure to include all the necessary documents.
After maintaining lawful permanent resident status for 5 years, EB-2 visa holders may be eligible to apply for US citizenship via naturalization.