Comprehensive Insights: Understanding and Applying for the EB2 Visa

Beginning the EB2 visa process opens the door to a variety of professional opportunities in the United States. This guide aims to demystify the EB2 visa landscape, from the intricate eligibility criteria to the nuanced documentation requirements and the tangled processes that shape its application. This comprehensive roadmap seeks to empower aspirants navigating the EB2 visa odyssey by delving into its eligibility criteria, intricate application procedures, and frequently encountered questions.

Understanding EB2 Visa

What is the EB2 Visa in U.S.?

The EB2 visa is a type of employment-based immigrant visa that is intended for individuals with advanced degrees, exceptional abilities, or outstanding achievements in their field. It caters to professionals, researchers, and individuals with specific skill sets that contribute significantly to the U.S. economy, sciences, arts, or business landscape.

Criteria for EB2 Visa Eligibility

Eligibility for an EB2 visa is contingent on having an advanced degree or exceptional abilities demonstrated through sustained acclaim. A valid job offer from a U.S. employer, as well as, in some cases, a labor certification confirming a lack of qualified domestic candidates, are also required. Let's delve deeper into the criteria for EB2 visa eligibility.

Requirements for the EB2 Visa

a. Education and Experience Criteria Prospective EB2 visa holders typically need a master's, Ph.D., or equivalent degree demonstrating expertise in their field. Alternatively, applicants can demonstrate exceptional abilities, as evidenced by sustained acclaim or recognized accomplishments.

b. Employment Offer and Labor Certification

A job offer from a U.S. employer is required for the EB2 visa process. Furthermore, applicants frequently require a labor certification from the United States Department of Labor, proving that there is a shortage of qualified U.S. workers for the specific position offered to the immigrant.

Differences Between EB2 Visas and Other Visa Types

The EB2 visa is unique among the employment-based immigrant visa categories:

EB1 Visas: These visas are reserved for people with exceptional abilities, outstanding professors or researchers, and multinational managers or executives with unparalleled expertise or managerial roles.

EB3 Visas: These visas are intended for skilled workers, professionals with bachelor's degrees, and unskilled workers with less than two years of training or experience.

The EB2 visa falls somewhere in the middle, focusing on individuals with advanced degrees or exceptional abilities who make significant contributions to their respective fields but do not necessarily meet the criteria for extraordinary abilities seen in EB1 applicants or the broader spectrum of professionals seen in EB3 applicants.

EB2 Visa Application Process

The visa application process is a very long journey having several steps. Here, we try to make the process clearer for you.

EB2 Visa Processing Time

Stages of EB2 Visa Application

a. PERM Labor Certification (if necessary): The process begins when the employer obtains a PERM Labor Certification from the Department of Labor. This entails demonstrating that no qualified U.S. workers are available for the position offered to the immigrant. This step's timeline varies depending on the job's complexity and the Department of Labor's responsiveness.

b. Form I-140 Petition: After the Labor Certification is approved, the employer files Form I-140, Immigrant Petition for Alien Worker, with USCIS on the applicant's behalf. Depending on the USCIS workload and the applicant's specific circumstances, the processing time for this petition can range from several months to over a year.

c. Priority Date and EB2 Visa Bulletin: Following approval of the I-140 petition, applicants must monitor their priority date, which is determined by the date USCIS receives the I-140 petition. The Department of State's Visa Bulletin, published monthly, indicates the availability of immigrant visas based on priority dates and the applicant's country of origin.

d. Adjustment of Status or Consular Processing: If the priority date becomes current and visas are available, applicants can proceed with Adjustment of Status (if they are already in the United States) or Consular Processing (if they are outside the United States) to obtain their immigrant visa. This stage may include additional waiting periods or interviews, which will add to the overall processing time.

Factors Affecting Processing Time

Processing time can be longer than you expect, which have several factors:

USCIS Workload: USCIS caseloads, location-specific processing times, and any changes in processing priorities set by USCIS can all affect the processing times for each stage of the EB2 visa application.

Country of Origin: Due to per-country visa restrictions, visa availability can vary significantly depending on the applicant's home country, potentially affecting the movement of the priority date.

Completeness and accuracy of the application: Any errors or missing documents in the application may result in delays, as USCIS may issue requests for additional evidence, which will extend the processing time.

EB2 Visa Cost Breakdown

Fee Schedule

Form I-140 Filing Fee: This fee is paid by the employer who files the petition and varies depending on whether the employer is small or large.

Adjustment of Status or Consular Processing Fees: Fees for Form I-485 (Adjustment of Status) or DS-260 (Consular Processing), biometrics, and any applicable issuance or immigrant visa fees are included in this category.

Additional Expenses (if any)

Attorney Fees: Many applicants seek legal guidance, incurring attorney fees for navigating the complexities of the EB2 application process.

Medical Examination and Vaccination Costs: Required as part of the immigration medical examination.

Duration and Validity

A. Duration of EB2 Visa Validity

Initially, the EB2 visa grants permanent residency in the United States. However, the visa itself is typically valid for up to ten years. This time frame may differ depending on the issuing consulate and the applicant's country of origin.

B. Renewal and Extension Options

Visa Renewal: Individuals can apply for a visa renewal after the initial validity period of the EB2 visa expires by submitting Form I-90, Application to Replace Permanent Resident Card. This process entails updating personal information and obtaining a new green card.

Renewal of Permanent Residency: To extend permanent residency beyond the initial 10-year period, individuals must file Form I-751, Petition to Remove Conditions on Residence, within the 90-day window before their conditional green card expires, if applicable. This applies to those who received a two-year conditional green card initially.

Priority Date Extensions: If the priority date is not current, individuals may be required to wait for their priority date to become current before being eligible for an extension or renewal.

C. Maintaining EB2 Visa Status

To sustain EB2 visa status, individuals are required to:

Reside Primarily in the U.S.: Individuals with an EB2 visa should primarily reside in the United States. Extended periods outside the U.S. might raise questions regarding residency status.

Comply with Immigration Laws: Adhering to U.S. immigration laws, including avoiding criminal activities or any actions that could jeopardize their immigration status, is crucial.

Employment with the Petitioning Employer: EB2 visa holders are typically sponsored by an employer. They must maintain employment with the same employer or in the same field that the visa was initially granted for, unless specific circumstances and legal processes allow otherwise.

Continuous Presence and Tax Obligations: Maintaining a continuous presence in the U.S. and fulfilling tax obligations, including filing taxes, is important to demonstrate residency.

Ensuring compliance with these requirements is essential to sustain the validity and status of the EB2 visa.

Required Documentation for EB2 Visa Application:

In this process, there are several documents you should provide to USCIS, we briefly talk about these documents.

Form I-140, Immigrant Petition for Alien Worker: The employer who is sponsoring the applicant must fill out this form.

Labor Certification (PERM): This certification is obtained from the US Department of Labor if it is required to demonstrate the lack of qualified US workers for the offered position.

Educational and professional qualifications:

• Certificates of education (degrees, diplomas, transcripts) attesting to the applicant's qualifications.

• Recommendation letters, awards, or certificates that highlight exceptional abilities or achievements in the field.

All documents not in English submitted to USCIS must be presented in English through certified translation, ensuring compliance with their guidelines and requirements.

Job Offer Letter: A formal job offer letter from a U.S. employer outlining the job's terms, salary, and responsibilities.

Proof of Work Experience: Documents attesting to previous work experience relevant to the job being offered in the United States.

Valid Passport: The applicant's passport must be valid for travel to the United States.

Medical Examination Records: A medical examination performed by a designated physician, as well as the accompanying report confirming the applicant's health status.

Police Clearance Certificates: Documents demonstrating a clean criminal record from each country in which the applicant has lived for a specified period of time.

Financial Documentation: Proof of the applicant's ability to support themselves and their dependents while in the United States, if necessary.

Form I-485 (if adjusting status in the United States) or DS-260 (if processing at a United States consulate abroad): The correct form for adjusting status or consular processing.

Translations and Certified Copies: Any documents that are not in English must be translated. It is possible that certified translations will be required.

The specific documents required may differ depending on the applicant's individual circumstances, the job offered, and any additional requirements requested by USCIS or the US consulate/embassy processing the visa application.

To ensure the accurate and complete submission of documents for an EB2 visa application, it is critical to review the most recent requirements on the official USCIS website or consult with an immigration attorney.

Navigating Certified Translations in EB2 Visa Applications

Certified translations wield enormous power in EB2 visa applications, serving as the foundation for ensuring the accuracy and legitimacy of critical foreign-language documents for USCIS review. Academic transcripts, diplomas, recommendation letters, and legal documents such as contracts or affidavits are all subject to these translations. Their accuracy must faithfully reflect the original content, and they must be accompanied by a certification statement confirming completeness and accuracy. It is critical to seek out trustworthy sources for these translations; established translation agencies with specialized immigration expertise, individual translators with recognized certifications, or online platforms known for their accuracy are invaluable allies in securing meticulously crafted, USCIS-compliant translations. These routes ensure not only linguistic accuracy, but also the intricate landscape of official requirements required for a smooth EB2 visa application journey.

FAQs on EB2 Visa

Can I change employers while on an EB2 visa?

Yes, changing jobs while on an EB2 visa is possible, but there are some steps and considerations to take:

New Job Offer from a Different Employer: If you want to change jobs, the new employer must agree to sponsor your EB2 visa. Typically, the new employer will file a new Form I-140 petition on your behalf.

Priority Date Retention: If your Form I-140 petition with your previous employer was approved for more than 180 days and you change jobs in the same or similar occupation, you may be able to keep the priority date from the previously approved petition. This allows you to keep your place in line for a green card.

Adjustment of Status or Consular Processing: Depending on your situation, you may be required to file for Adjustment of Status (if you are in the United States) or go through Consular Processing (if you are outside the United States) in order to obtain the new immigrant visa based on the new job offer.

Maintaining Visa Status: It is critical that you maintain your legal status while changing jobs. To avoid any gaps in employment authorization, this may entail continuing to work with the original sponsoring employer until the new visa petition is approved.

Consult an Immigration Attorney: Changing jobs while on an EB2 visa is a legal minefield. Consultation with an immigration attorney who specializes in employment-based visas can provide advice tailored to your specific situation and ensure a smooth transition while remaining compliant with immigration laws.

Remember, changing employers while on an EB2 visa is possible, but it requires careful planning and adherence to immigration regulations to maintain legal status in the United States.

Are family members eligible for derivative visas under the EB2 category?

Yes, family members of EB2 visa holders may apply for derivative visas. Certain family members may be included in the application of the primary EB2 visa holder (the employee sponsored for the visa). Typical eligible family members include:

Spouse: The EB2 visa holder's spouse may apply for a derivative visa (E21) to accompany him or her to the United States.

Children: The EB2 visa holder's unmarried children under the age of 21 are eligible for derivative visas (E22) to accompany or join their parent in the United States.

These derivative visas allow family members of the primary visa holder to enter the United States and live with them. They may also attend school and, in some cases, obtain employment authorization.

While family members can obtain derivative visas, they are generally subject to the same terms and conditions as the primary visa holder and are dependent on the status and validity of the primary visa. In order to secure derivative visas for family members, the primary visa holder must include them in the initial application or petition.

Is there a specific list of jobs or occupations eligible for the EB2 visa?

There is no specific list of jobs or occupations that are only eligible for the EB2 visa category. It is instead intended for people with advanced degrees or exceptional abilities in their respective fields. However, there are some guidelines and criteria that applicants must follow:

Advanced Degree Professionals: Individuals with an advanced degree (master's degree or higher) or its foreign equivalent are eligible, as are those with a bachelor's degree plus five years of progressive post-bachelor's degree experience in their field.

Professionals with Exceptional Ability: Individuals with exceptional abilities in the sciences, arts, or business are eligible. This is determined by consistent national or international acclaim, as demonstrated by extensive documentation.

National Interest Waiver (NIW): The EB2 NIW category is available for those seeking a waiver of the job offer and labor certification requirements. This category is for people whose work is deemed to be in the best interests of the United States. The applicant must demonstrate that their work has a significant benefit to the nation.

While there is no predefined list of occupations, the key is to demonstrate that the applicant's skills, expertise, or contributions align with the EB2 visa category's criteria. Each application is reviewed individually, with the emphasis remaining on the applicant's qualifications, accomplishments, and potential contribution to the United States in their respective field.

Do I need to maintain a certain level of income or salary to keep my EB2 visa status?

In general, there is no specific income or salary requirement that EB2 visa holders must meet in order to maintain their visa status. Maintaining legal status while on an EB2 visa, however, entails certain obligations:

Employment: Most EB2 visa holders are sponsored by a U.S. employer. They must continue to work for the sponsoring employer or in the same field for which the visa was originally granted, unless certain legal processes, such as changing employers under certain conditions, allow otherwise.

Full-Time Employment: The visa holder must work full-time as specified in the original visa petition, while adhering to the terms and conditions of the labor certification or job offer.

Income and Salary: While the visa category does not specify an income threshold, ensuring a sufficient income to support oneself and any dependents is essential. The visa holder should not become a public charge or rely on government assistance.

Compliance with Immigration Laws: It is critical to maintain lawful EB2 visa status by complying with US immigration laws, including avoiding any actions that could jeopardize immigration status.

It's important to note that certain changes in employment or circumstances may necessitate notifying USCIS or undergoing specific legal processes to ensure continued visa compliance. Consultation with an immigration attorney in the event of significant changes or uncertainties regarding employment or visa status can be beneficial in ensuring regulatory compliance.

Can an EB2 visa holder eventually apply for U.S. citizenship?

Yes, under certain conditions, EB2 visa holders may be eligible to apply for US citizenship through the naturalization process. Here are some key points to consider:

Permanent Residency (Green Card) Requirement: An EB2 visa holder must typically obtain a green card (permanent residency) before applying for US citizenship. The EB2 visa frequently results in lawful permanent residency, which is required for naturalization.

Residency Requirement: A green card holder must meet the residency requirement in order to apply for US citizenship through naturalization. This usually entails continuously residing in the United States for a set period of time, usually five years (three years if married to a U.S. citizen) before applying for citizenship.

Good Moral Character:Applicants must demonstrate good moral character and a commitment to the principles of the United States Constitution.

Language and Civics Test: Unless exempted due to age or certain medical conditions, applicants must pass an English language test and a civics test as part of the naturalization process.

Application Process: If an EB2 visa holder with a green card is eligible, he or she can apply for US citizenship by submitting Form N-400, Application for Naturalization, to USCIS.

It is critical to remember that each case is unique, and meeting the eligibility criteria for naturalization is dependent on individual circumstances. It is recommended that EB2 visa holders seeking US citizenship consult with an immigration attorney or seek guidance from USCIS regarding eligibility and the naturalization process.

Conclusion

As we close the book on this in-depth examination of the EB2 visa process, it's important to consider the key points raised. Understanding the intricate eligibility criteria and navigating the perplexing application processes are all important steps in obtaining an EB2 visa. Remember that, while this guide provides a starting point, seeking tailored legal advice or delving deeper into additional resources can provide invaluable clarity tailored to your specific circumstances. The EB2 visa serves as a testament to the diverse and exceptional talent that contributes to the fabric of the United States, as well as a gateway to professional opportunities.

“We collected and distilled information on immigration for our site visitors from USCIS and other sources as a basic guide. MotaWord is a translation platform providing certified translations for immigration applicants and not a law firm. The information provided should not be construed as legal advice and might not be current. For current information please refer to the USCIS website or speak to your licensed immigration attorney.”