EB2 Visa - US Immigrant Employment Visa for Highly Qualified Persons (2024)

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Besides family and immediate relative immigration visas, the US also gives visas to people who qualify to work in the country. The EB Visas allow foreign workers who have found an employer willing to hire them to come to the US permanently and work without an Employment Authorization Document.
The Employment Sponsored Visas are subject to a cap of 140,000 visas per year. They are allocated between the five visas, which creates long wait times for processing. Once the limit of the visas is reached in a year, the rest of the applications wait for their turn in the coming years. That is why those who are applying for any employment based visa need to wait for their priority dates to become current in order to qualify for immigration in the US.

What is the EB-2 visa?

The EB-2 visa or the Second Priority Workers visa is one which targets three groups of people. These groups are:

Advanced Degree Holders – are those who have advanced educational degrees such as a Bachelor’s or a Master’s Degree and 5 years of experience in their field
People with exceptional abilities – are those who have demonstrated exceptional abilities and achievements in business, arts, or sciences
Those who can obtain a National Interest Waiver – are those who can demonstrate that working in the US would benefit the country and is in the US national interest

If you belong to any of these groups then you have a chance to get an EB-2 visa. Getting an EB-2 visa means that you will move permanently to the US. You will work there in your field of expertise and you will enjoy the rights of permanent Green Card holders. You are required to pay all applicable taxes and follow the US laws. You are allowed to travel in and out of the US, change jobs after a few years, move from one state to the other and so on. Additionally, when you qualify, you can also apply for a US citizenship and become naturalized.

Since the employment based visas have a limit on the annual number of visas issued, out of the 140,000 immigration visas, 28.6% are allocated for EB-2 visas as well as any visas that are left from EB-1 visas. This means that 40,040 visas plus those left by the EB-1 visa are for the EB-2 visa category. Because of such a low number, the wait times for this visa are quite long.

What are the requirements for the EB-2 visa?

In order to be eligible for an EB-2 visa, there are requirements which the foreign employee or worker and the US employer must meet. To qualify as an Advanced Degree Holder, you must fulfill these requirements:

Prove through academic records that you have an advanced educational degree such as a Bachelor’s or Master’s Degree or a US equivalent
Have previous employer’s letters proving that you have 5 years of experience in your field of expertise after you completed your Bachelor’s Degree

To qualify as a person with exceptional abilities or a national interest waiver, you must meet three of the criteria below:

Show diplomas, certificates, or awards which prove you have achieved excellence in business, arts, or sciences, or other fields of expertise
Have letters from employers proving at least 10 years of full-time job experience in your field of study
Have a license or a certification which shows you are able to practice your profession
Prove that you have had a high salary in your previous jobs which show that you have exceptional abilities
Show that you have membership in one or more professional associations
Prove that you have won recognitions for your achievements and contribution in your field of expertise by your peers, professional organizations, or the government
For the national interest waiver, you must also submit proof that your work is in the interest of the US government

If you are a US employer who wants to hire a person and sponsor the foreign worker for an EB-2 visa, you must meet these requirements:

Prove that you could not find an available, willing, or qualified US worker and so you need to hire a foreign worker
Prove that you will not discriminate towards the foreign worker and will pay them the same wage you would pay a US worker in the same job position
Prove that your company is financially stable and can afford to pay the foreign worker

How to apply for the EB-2 visa?

Applications for the EB-2 visas have multiple steps which involve both the employer and the foreign employee. The application process is divided in two parts:

The US employer obtains labor certification and files the necessary petitions
If approved, the foreign employee then applies for the EB-2 visa at a US Embassy in their home country

Application procedures from US employer

Getting the labor certification

The first requirement for a US employer to hire a foreign employee is to get a labor certification by the US Department of Labor. This is done by filing Form ETA 750 to the DOL. By submitting this form, the US employer states that they have tried to find a US employee for that job position but could not and that the foreign worker will be paid a prevailing wage.

The form is processed by the DOL and the employer and employee are notified of the decision. If approved, the US employer can go on to the next step, but if the certification is denied, then the foreign worker is not allowed to get an EB-2 visa.

Filing the petition

In addition to the labor certification, the employer must also file a petition to the US Citizenship and Immigration Services (USCIS). This is done by filing Form I-140, Immigrant Petition for Alien Worker. The employer must also attach financial statements, audits, and tax returns to prove that the company is financially stable.

USCIS will process the petition and will notify the employer. If approved, the case will go to the National Visa Center (NVC). If denied, the US employer is not allowed to hire a foreign worker.

Application procedures from foreign worker

File Form DS-261, Choice of Address and Agent

The applicant or foreign worker must complete this form which serves as an application for the EB-2 visa. The form will be processed by the US Embassy or Consulate that they are applying from.

Complete medical examination and vaccination

In the NVC package, there will also be requirements about medical examinations and vaccination that the applicant must conduct. The applicant must go to a licensed doctor to complete the documents and have them signed.

Compile the supporting documents file

After the NVC approves your Form DS-261, you must send the supporting documents for your case. This includes the follows:

Your passport which must be valid for more than 6 months after your intended departure to the US
Your employment offer from the US employer
The approved labor certification
The approved petition
Your DS-261 confirmation page
Your signed medical and vaccine documents
Two photographs that meet the US visa Photo Requirements
Academic achievements (diplomas and certificates)
Letter of sponsorship form your employer
Your CV or resume
Letters from previous employers
If applying for a National Interest Waiver, submit proof of why your work is in the national interest of the US.
Court and criminal records
Depending on the case, the NVC might require other supporting documents, so you must follow their instructions carefully.

Attend the visa interview

The NVC will review your application and supporting documents and if there are no more requirements, they will schedule an interview for you at the US Embassy you are applying from. Attend the interview and be as specific as possible in answering the questions regarding your background and other details. The interviewer will make the final decision on whether you should be given an EB-2 visa or not.

Receive the NVC package and travel to the US

If your EB-2 visa is approved, you will receive a package from the NVC. You must not open this package under any circ*mstances. Take it with you when you travel to the US and give it to an immigration officer at a US port of entry. Only they are allowed to open it and decide whether you should be allowed to enter the country or not.

What are the EB-2 visa Fees?

There are many fees which both the US employer and the foreign worker must pay for the EB-2 visa. The amounts vary and are decided by the DOL, USCIS, and the US Embassy in the country you are applying from. In general, your employer and you will have to pay the following fees:

DOL Labor Certification fee (employer)
USCIS Form I-140 petition filing fee (employer)
Form DS-261 processing fee (employee)
Medical examination fees (employee)
Fees to obtain supporting documents (employee)
Any translation fees from foreign language to English (employee)

How Long Does it Take to Get an EB-2 Visa?

The time for EB-2 visa to be processed can range from one year to three or four years. Since there is a cap on the limit of annual visas given for EB-2, the processing time for it can be quite long. The visas are processed in order of applying, so if you have applied earlier, you might get processed faster.

Do I Get Access to American Healthcare With an EB2 Visa?

Yes, you will have access to healthcare in the United States as an EB2 visa holder, however, the costs of getting medical treatment in the US are one of the highest in the world.

The treatment of a broken leg or broken arm will cost you $2,500, while staying at a US hospital maycostover $10,000, on average.You shouldpick a health insurance plan for immigrants that fits you best, which overall is also affordable and covers your needs.

Can I Bring my Family to the US with an EB-2 Visa?

If you have an approved and valid EB-2 visa, then you can have your spouse and unmarried children under 21 years old join you. Your spouse must apply for the E-21 visa and your children for the E-22 visa.

After they get their visas, your spouse is eligible to work in the US by getting an Employment Authorization Document (EAD).

Other Types of Employment Based Visas

The employment visas are denoted with the letter E and are of 5 types:

EB-1 Visa or First Priority Workers Visa is for outstanding professors, researchers, people with extraordinary abilities in arts, science, business, athletics, or education, as well as executive managers who have worked at a foreign branch of a US company for the past 3 years
EB-2 Visa or Second Priority Workers Visa is for professionals with advanced degrees and people with extraordinary abilities in arts, sciences, or business.
EB-3 Visa or Third Priority Workers Visa is for skilled workers with more than 2 years of experience, professionals with a higher education degree, or unskilled workers with less than 2 years of experience (EW-3 Visa).
EB-4 Visa or Fourth Priority Workers Visa is for various religious, government, or international organizations workers
EB-5 Visa or Fifth Priority Workers Visa is for investors in the US who will invest between $500K to $1 million in the US economy

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