EB-2 Visa For Advanced Degree Workers to Permanent Resident

What is an EB-2 Visa?

Employment visas such as the EB-2 visa allow a person to get a green card for permanent resident status. While some EB visas require that you have an offer for permanent full-time employment with a U.S. based employer, a position which benefits the national interest of the U.S. is an exception to this rule.  Most positions which qualify you for an EB-2 visa will require that your employer complete a labor certification. A labor certification certifies that the employer advertised the position you are taking and no U.S. workers want the job. 

EB-2 Visa Requirements

The two categories of qualifying immigrants for EB-2 visas include professionals holding advanced university degrees and people with exceptional ability in the sciences, arts, or business.  You can apply for an EB-2 visa without a labor certification if you can prove that your work will benefit the national interest of the U.S.  This is referred to as a national interest waiver.  Unlike the EB-1 visa, you are not required to be internationally recognized as a leader in your field.  Professionals who typically fit the EB-2 visa requirements are:

• Lawyers
• Doctors
• Veterinarians
• Market Research Analysts
• Family therapists
• Mental Health Workers

EB-2 Visa Documents

EB-2 visa costs include a filing fee of $475, unless you need a faster processing in which case the fee is currently $1,000.00.  The following is a list of some of the EB-2 visa documents you need to process:

• An approved labor certification completed by your employer (if you have a job offer)
• Form I-140
• Evidence that you have at least ten years of experience in your field
• Evidence of your achievements and recognition in your field
• Proof you have the required education and experience for the position you have been offered including education transcripts and certifications or licenses
• Proof you work is in the national interest of the U.S. (if requesting visa based on benefit to U.S.)

Get Legal Help!

Americans are sensitive to immigrants coming to the U.S. to work because they fear that the immigrants are taking jobs away from U.S. citizens.  The employers must meet stringent requirements to assure that no U.S. citizens were willing or able to take the positions that the immigrant will be taking.  If the employer for whom you will be working hires from outside the U.S. regularly, then your employer have legal resources for you.  If, however, you do not have a job offer from a U.S. employer, or if your employer has not offered you legal assistance, you should consult an immigration attorney to assure that you get through the visa process smoothly.