Discover the EB-2 visa requirements, eligibility criteria, and step-by-step application process. Learn how to qualify, the necessary documents, costs, and processing time. Get answers to FAQs and expert insights on bringing your family to the U.S. on an EB-2 visa.

EB-2 Visa: Requirements, Application Process & Eligibility

The EB-2 visa, also known as the Second Priority Workers Visa, is an immigrant visa category designed for highly skilled professionals who can contribute to the U.S. economy. It is primarily intended for three groups of individuals:

• Advanced Degree Holders – Professionals with a Bachelor’s or Master’s degree and at least five years of experience in their field.
• Individuals with Exceptional Abilities – Those with outstanding achievements in the arts, business, or sciences.
• National Interest Waiver Applicants – Individuals whose work significantly benefits the U.S. economy, culture, or welfare.

Given the annual cap on employment-based visas, the EB-2 category is allocated 28.6% of the 140,000 employment-based visas issued each year, totaling around 40,040 visas, plus any unused EB-1 visa slots.

Overview of the EB-2 Visa

Key Takeaways

• The EB-2 visa is an employment-based visa for highly skilled professionals.
• It requires either an employer sponsor or a National Interest Waiver for self-petitioning.
• Applicants must provide extensive documentation proving qualifications and achievements.
• Processing times vary but can take several years due to visa caps.
• Family members can accompany the EB-2 visa holder, with spouses eligible to work in the U.S.

EB-2 Visa Requirements

To qualify for an EB-2 visa, applicants must meet specific criteria based on their category:

1. Advanced Degree Holders

• Must have a Bachelor’s or Master’s degree (or foreign equivalent).
• Must prove five years of progressive work experience in their field.
• Must provide academic records and employer letters verifying experience.

2. Individuals with Exceptional Abilities

• Must provide diplomas, certificates, or awards demonstrating excellence in business, arts, or sciences.
• Need letters from employers verifying at least 10 years of full-time work experience.
• Should hold a license or certification to practice their profession.
• Must prove they have earned a high salary, indicating exceptional ability.
• Should be members of one or more professional associations.
• Must have received recognition from peers, organizations, or government entities.

3. National Interest Waiver Applicants

• Must submit evidence that their work benefits the U.S. economy, healthcare, education, or culture.
• Can self-petition, unlike other EB-2 applicants who require employer sponsorship.

4. Employer Sponsorship for EB-2

U.S. employers sponsoring foreign workers for an EB-2 visa must:

• Demonstrate that no qualified U.S. workers were available for the job.
• Provide proof that they pay the foreign worker a fair wage.
• Show financial stability to support the foreign worker.

Supporting Documents for the EB-2 Visa

Applicants must submit the following:

• Valid passport (must be valid for at least six months beyond U.S. entry).
• Job offer letter from a U.S. employer (except for National Interest Waiver applicants).
• Labor certification approval from the U.S. Department of Labor.
• Approved I-140 petition from USCIS.
• Form DS-261 confirmation page.
• Medical examination and vaccination records.
• Two passport-sized photos (meeting U.S. visa photo requirements).
• Academic qualifications (diplomas and certificates).
• Employer reference letters proving relevant experience.
• CV or resume.
• Court and criminal records, if applicable.
• Additional supporting documents as requested by the National Visa Center (NVC).

How to Apply for the EB-2 Visa

The EB-2 visa application involves two main steps:

1. Employer’s Responsibilities (Labor Certification & Petition)

Step 1: Obtain Labor Certification

• The U.S. employer files Form ETA 750 with the Department of Labor (DOL) to prove that no qualified U.S. workers were available for the job.

Step 2: File Form I-140 (Immigrant Petition)

• The employer submits Form I-140 to U.S. Citizenship and Immigration Services (USCIS).
• Financial documents, such as tax returns and audits, must be provided to prove the company’s financial stability.

2. Applicant’s Responsibilities

Step 3: File Form DS-261

• The foreign worker submits Form DS-261, selecting an address and agent.

Step 4: Complete Medical Examination & Vaccination

• A licensed doctor must conduct the examination and provide signed medical forms.

Step 5: Submit Supporting Documents

• Once DS-261 is approved, the applicant must submit all required documentation.

Step 6: Attend Visa Interview

• The U.S. Embassy will schedule an interview where the applicant must provide details about their work and background.

Step 7: Receive NVC Package & Travel to the U.S.

• If approved, the applicant receives an NVC package to be presented at a U.S. port of entry.

EB-2 Visa Fees

The estimated costs for obtaining an EB-2 visa include:

Processing Time for the EB-2 Visa

• Processing times range from 1 to 4 years.
• Visa availability is based on priority dates and annual caps.
• National Interest Waiver applications may experience faster processing.

Can I Bring My Family to the U.S. on an EB-2 Visa?

Yes, EB-2 visa holders can bring their spouse and unmarried children under 21 years old:

• Spouses apply for the E-21 visa.
• Children apply for the E-22 visa.
• Spouses can work in the U.S. by applying for an Employment Authorization Document (EAD).

Other Employment-Based Visas

• EB-1 Visa – For outstanding researchers, professors, and individuals with extraordinary abilities.
• EB-3 Visa – For skilled and unskilled workers.
• EB-4 Visa – For religious workers, government employees, and international organization staff.
• EB-5 Visa – For investors investing $500K–$1M in the U.S. economy.

Conclusion to EB-2 Visa Guide.

The EB-2 visa is a great opportunity for highly skilled professionals to secure permanent residency in the U.S. The process requires careful documentation, employer sponsorship, or a National Interest Waiver. Processing times vary, but the rewards include career growth and the ability to bring family members along.

FAQs

1. How long does it take to get an EB-2 visa?
Processing times range from one to four years, depending on priority dates.

2. Can I apply for an EB-2 visa without an employer?
Yes, through a National Interest Waiver (NIW), you can self-petition.

3. What is the minimum salary requirement for an EB-2 visa?
There is no fixed salary requirement, but applicants must show high earning potential.

4. Can my spouse work in the U.S. on an EB-2 visa?
Yes, spouses can apply for an EAD (Employment Authorization Document).

5. What happens if my EB-2 petition is denied?
If denied, you can file an appeal or reapply with improved documentation.