EB2 Visa

To be able to apply for the EB-2A Visa (Advanced Degree), you need to hold at least a masters degree in your field or its equivalent. Alternatively, you can apply for the EB-2A Visa if you have a bachelor’s degree and at least five years of work experience in the sector you specialize in.

To prove that you have an advanced degree, you will have to submit documents such as:

• An official academic record showing that you have an advanced university degree such as a master’s degree or a PhD
• An official academic record confirming that you have a bachelors or baccalaureate degree
• Letters from employers confirming that you have five or more years of relevant work experience
• Proof confirming that you received a job offer in the US

Not all advanced degrees make you eligible for the EB-2A Visa. That is why, before applying you should verify whether your qualifications meet USCIS regulations. If you hire one of our immigration lawyers, they will assess your eligibility for the EB-2A Visa.

If you want to apply for the EB-2B Visa, you will have to show that you have an exceptional ability in science, arts, or business. That means that the expertise you have in a certain field is unusual.

To prove your exceptional ability, you have to meet at least three of the following requirements:

• You have a degree, or an alternative award from an educational institution, in the area of your exceptional ability
• You have at least ten years of full-time working experience in your profession
• You have an official license or permit to work in your profession
• You receive a salary that is adequate to your exceptional ability
• You are a member of professional associations
• You have received awards or recognition for your exceptional ability from professional or business organizations, or the government.

If you do not meet these criteria but can provide alternative evidence of your exceptional ability, you might still be eligible for the EB-2B Visa. Before you apply, contact our immigration lawyers to find out whether you can use the alternative evidence you would like to submit.

If you believe that your employment in the US would bring benefits to the country, you can request a labor certification waiver. To apply for it, you need to be able to demonstrate that it is in the interest of the US that the job offer requirement is waived. You can do it by submitting evidence of having an advanced degree or an exceptional ability.

Applications for the waiver might be considered for:

• Physicians who want to undertake employment in areas where there is a shortage of healthcare professionals
• Entrepreneurs that can prove that their employment in the US would be of national importance.

Those who want to apply for the waiver have to file their labor certification directly with USCIS along with their self-petitioned Form I-140, Petition for Alien Worker.

As part of the EB2 application process, you will have to provide a range of documents to prove that you meet the eligibility criteria. These may include (but not be limited to) the following:

• Evidence of your eligibility for your chosen EB2 visa type, such as any of the following:
  • Proof of advanced university degree or other academic qualification, such as through an academic record
  • Letters from current or former employers
  • Details of your job or profession, such as length of time worked, salary, or associated licenses or permits
  • Proof of receipt of awards or special recognition as a result of your work
  • Any other supporting evidence of exceptional ability or relevant achievements or qualifications
• Valid passport with at least 6 months’ validity from your date of arrival to the US
• Valid passport-size photographs
• Confirmation pages for all forms, including a Form I-140 confirmation page if self-petitioning
• Proof of medical exam
• Labor certification (if applying for EB-2A or EB-2B)
• Marriage and birth certificates (if filled in  Form DS-260 for family members)

The total cost of the EB2 Visa varies depending on the personal circumstances of each applicant. Nevertheless, if you are thinking of applying for the EB2 Visa, you have to be ready to pay the following fees:

• $700 for self-petitioning of Form I-140, Petition for Alien Worker
• $325 for filing of Form DS-260, Immigrant Visa and Alien Registration Application
• $120 for Affidavit of Support
• $220 for paying USCIS immigrant fee

In addition to that, you might have to pay fees for medical examinations and vaccinations, or fees associated with the translation of required documents. If you are already in the US on a different visa, for example, but you wish to switch to the EB2 Visa, you will have to pay the fee for filing Form I-485, Adjustment of Status, which is $1140.

The waiting time for the EB2 Visa varies depending on which country the foreign worker is applying from and the workload of USCIS. On average, the processing time of Form I-140 is between 6 – 9 months. If your EB2 Visa application is urgent, you can pay $2,500 for Premium Processing Service. Then, your application will be processed within just 15 days. However, it is worth noting that the Premium Processing Service is not available to individuals applying for a National Waiver.

In most cases, the processing of EB2 Visa applications takes around 18 months in total. Nevertheless, if you require a PERM Labor Certification, you can expect to wait longer, even up to 2 years.