The EB2 Visa
The EB2 visa is an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a person who has exceptional ability.
To qualify for an EB2 visa as a professional degree holder, an applicant must meet the following requirements:
- The job must require an advanced degree and you must possess that degree or its foreign equivalent.
- 5 Years of post-baccalaureate, progressive work experience in the degreed field.
To qualify for an EB2 visa as a professional with exceptional ability, an applicant must meet the following requirements:
- Must show exceptional ability in the sciences, arts or business. Exceptional ability means a degree of expertise significantly above that ordinarily encountered in the sciences.
Additionally, you must meet at least three of the following criteria:
- Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability,
- Letters from current or former employers documenting at least 10 years of full-time experience in your occupation,
- A license to practice your profession or certification for your profession or occupation,
- Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability,
- Membership in a professional association(s),
- Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations,
- Other comparable evidence of eligibility is also acceptable.
How to Apply for an EB2 Visa
If you meet the requirements for an EB2 visa, here are the steps you need to complete for approval:
- Fill out a Form G-28. This form entitles your attorney or accredited representative to act on your behalf,
- Your employer must fill out a Labor Certification form and Ability to Pay form,
- Documentation that you are eligible to apply for a visa,
- Information about the business you intend to work with or for (name, location, type of business, business owner, etc.),
- U.S. Company Support Statement. This document is supplied by the U.S. employer and explains why your services are necessary for the business,
- Evidence that you plan to leave the United States after your EB2 visa expires or is terminated.
If you are outside the United States, you should apply for your EB2 visa at a consulate or embassy. It is recommended to work with a qualified immigration attorney to ensure your documents are filed correctly and expeditiously.
An EB2 visa comes with certain benefits, including:
- You can work legally in the United States,
- You can freely travel in the United States,
- The EB2 can be renewed indefinitely in two-year increments,
- Your immediate family (spouse and/or unmarried children under 21 years of age) can also qualify for an EB2 visa. While in the United States, your children can go to school and your spouse can apply for an EAD, employment authorization document, giving them permission to work legally in the United States.