EB2 Green Card

The EB-2 employment visa is an immigrant visa which allows foreign nationals holding an advanced degree to obtain residency in the U.S. You must be a foreign national who:

1. Is a member of the professions holding advanced degrees or their equivalent; or
2. Because of your exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the U.S.

The various categories under the EB-2 Employment based immigrant visa are:

EB-2(A):This category is for foreign nationals professionals with an ‘advanced degrees’ (masters degree or higher) and with a job offer from a U.S. company

EB-2(B):This category is for foreign nationals with ‘exceptional ability’ in the sciences, business or arts and with a job offer from a U.S. company

EB-2(C):This category is for foreign nationals with exceptional ability, or an advanced degree, who can show that their activities will substantially benefit the U.S. national interest

On EB2 immigrant visa, you may:

1. Reside permanently in the U.S.
2. Work in the U.S.
3. Travel freely in and out of the U.S.
4. Apply for dependent visas for your spouse and unmarried children under 21 years

No, the Department of State does not impose any restrictions on the number of times you may travel in and out of the U.S.

‘Advanced degree’ means any U.S. academic or professional degree or a foreign equivalent degree above that of baccalaureate. A U.S. baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master’s degree. If a doctoral degree is customarily required by the specialty, you must possess a U.S. doctorate or a foreign equivalent degree.

‘Exceptional ability’ means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.

Your EB-2 petition for an alien of ‘exceptional ability’ in the sciences, arts, or business, must be accompanied by at least three of the following:

1. An 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 the area of exceptional ability
2. Evidence in the form of letter(s) from current or former employer(s) showing that you have at least ten years of full-time experience in the occupation for which you are being sought
3. A license to practice the profession or certification for a particular profession or occupation
4. Evidence that you have commanded a salary, or other remuneration for services, which demonstrate exceptional ability
5. Evidence of membership in professional associations
6. Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations

Your EB-2 petition for a professional holding an ‘advanced degree’ must be accompanied by an official academic record showing that you have either a:

1. U.S. advanced degree or a foreign equivalent degree; or
2. U.S. baccalaureate degree or a foreign equivalent degree, and evidence in the form of letters from current or former employer(s) showing that you have at least five years of progressive post baccalaureate experience in the specialty

EB-2 foreign nationals generally must have a job offer. Your potential employer must complete the Labor Certification process on your behalf. However, if you can demonstrate that your entry is in the National Interest, the job offer and Labor Certification requirements may be waived.

Yes, upon approval of your Form I-140, Immigrant Petition for Alien Worker, your spouse and children under 21 years of age may apply for immigrant visas through Adjustment of Status in the U.S. or through consular processing at a U.S. consulate outside the U.S.

You may check visa status by using VisaPro’s free visa status service.

If your Form I-140, Petition for Alien Worker is denied, you may file Form I-290B, Notice of Appeal along with the required fee at the appropriate USCIS Regional Service Center within 33 days of receiving the denial.