1. What are the requirements for filing an EB-2 visa application?

In order to file an EB-2 visa application, an individual must meet the following requirements:

1. Have an advanced degree or its equivalent, or a foreign equivalent degree, OR
2. Have a bachelor’s degree plus at least five years of progressive work experience in the field for which the labor certification is sought.
3. Have an approved labor certification from the U.S. Department of Labor (DOL).
4. Demonstrate that they are able to meet and maintain the qualifications required for the position in the United States.
5. Have an offer of permanent employment from a U.S. employer.
6. Have a petition approved by U.S. Citizenship and Immigration Services (USCIS).

2. What type of advanced degree is required to qualify for the EB-2 visa category?

In order to qualify for the EB-2 visa category, an individual must possess an advanced degree, such as a Master’s degree or higher, or a Bachelor’s degree with five years of progressive work experience in the applicable field.

3. What is the difference between an EB-2 and an EB-3 visa?

An EB-2 visa is a US permanent residency visa for foreign nationals with an advanced degree or exceptional ability in the sciences, arts, or business. An EB-3 visa is a US permanent residency visa for foreign nationals who are skilled workers, professionals, or other workers. The main difference between the two is that an EB-2 visa requires a higher level of education and skill than an EB-3 visa.

4. Is there a specific period of time in which an applicant must have earned their advanced degree in order to qualify for the EB-2 visa?

No, there is no specific period of time in which an applicant must have earned their advanced degree in order to qualify for the EB-2 visa. The foreign national must have earned an advanced degree or its equivalent and demonstrate that the degree is required for the particular position they are seeking.

5. What types of work experience are considered when evaluating an applicant’s eligibility for an EB-2 visa?

Experience in an occupation that requires at least a master’s degree or higher, or equivalent experience, such as five years of progressive experience in the specialty; national or international acclaim/recognition in the field; and/or a license to practice the profession. Additionally, EB-2 visas may go to individuals who possess exceptional ability in the sciences, arts, or business.

6. Is it possible to file for the EB-2 visa as a self-petitioner?

Yes, it is possible to file for the EB-2 visa as a self-petitioner. The EB-2 visa is for individuals with advanced degrees or exceptional ability, and the self-petitioner must be able to demonstrate that they meet the requirements for the visa.

7. Are extra points awarded to applicants with a PhD degree in their field of study?

Extra points are not typically awarded to applicants with a PhD degree, but this may vary depending on the college or university.

8. How long does it take to process an EB-2 visa application?

The processing time for an EB-2 visa application depends on the applicant’s country of origin and can vary from a few weeks to several months. Typically, the largest backlogs of visa applications occur for applicants from India and China. In these cases, the processing time can take up to several years.

9. Are there any special requirements for applicants who have more than one advanced degree?

No, there are no special requirements for applicants who have more than one advanced degree.

10. Is a job offer from a U.S. employer required to file for an EB-2 visa?

Yes, a job offer from a U.S. employer is required to file for an EB-2 visa. The employer must also file an I-140 form with the USCIS on the applicant’s behalf, which includes proof of the applicant’s qualifications and the job offer.

11. Are there any benefits to filing for the EB-2 visa over the EB-3 visa?

Yes, there are several benefits to filing for the EB-2 visa over the EB-3 visa. For one, the EB-2 visa is much faster to process: typically within 6 months compared to 12 to 18 months for the EB-3 visa. Additionally, the EB-2 visa allows applicants to become permanent residents without having a job offer, while the EB-3 visa requires one. Finally, the EB-2 visa has higher numerical limits than the EB-3 visa and therefore less competition for visas.

12. Are there any restrictions on how long an applicant can stay in the U.S. with an EB-2 visa?

Yes, the maximum duration of stay for an EB-2 visa holder is five years, with the possibility of renewal.

13. Does having a master’s degree qualify for the same benefits as having a PhD degree when filing for an EB-2 visa?

No. The EB-2 visa requires a foreign national to possess an advanced degree or a bachelor’s degree plus five years of progressive work experience in a field related to the job the foreign national will perform in the United States. A master’s degree does not qualify for the same benefits as having a PhD degree when filing for an EB-2 visa.

14. Can the priority date be carried forward if an applicant changes employers or changes their job duties while on an EB-2 visa?

Yes, the priority date can be carried forward if an applicant changes employers or changes their job duties while on an EB-2 visa.

15. Can individuals with a three-year bachelor’s degree obtain an EB-2 visa?

No, individuals with a three-year bachelor’s degree usually do not qualify for an EB-2 visa. Generally, applicants for an EB-2 visa must have at least a bachelor’s degree or its equivalent and meet certain special requirements, such as advanced technical experience or an advanced degree.

16. Are there any restrictions on the types of jobs that can be held with an EB-2 visa?

Yes, depending on the country of origin. Generally, an EB-2 visa requires that the job offered to the applicant must be a professional position requiring a minimum of a U.S. bachelor’s degree or foreign equivalent, or a master’s degree or higher in a specialized field that is related to the work offered. Additionally, the job must be in a field that is recognized as having “national or international recognition.”

17. Does having a higher salary increase the chances of obtaining an EB-2 visa?

Yes, having a higher salary can increase the chances of obtaining an EB-2 visa. The Labor Condition Application (LCA) submitted to the Department of Labor for an EB-2 visa must demonstrate that the employer is offering a wage rate that is at least as high as the prevailing wage rate for the occupation in the area of intended employment. A higher salary can help to demonstrate this requirement.

18. What documents are required when filing for an EB-2 visa application?

The documents required when filing for an EB-2 visa application include:
1. A completed Form I-140, Immigrant Petition for Alien Worker
2. Evidence that the applicant’s job offer meets the requirements of an EB-2 position
3. Evidence of the applicant’s qualifications, such as an advanced degree or exceptional ability
4. Evidence of foreign and U.S. academic degrees, diplomas, and certificates earned
5. Evidence of past employment experience
6. A copy of the applicant’s current passport
7. Proof of any required licensure
8. A valid labor certification from the Department of Labor (if applicable)
9. A copy of the applicant’s Form I-864, Affidavit of Support (if applicable)
10. Any other supporting documents as specified by USCIS

19. Can individuals who have already applied for an EB-3 visa switch to applying for an EB-2 visa instead?

Yes, individuals can switch from an EB-3 visa to an EB-2 visa in some circumstances. Depending on the circumstances, the individual may need to complete a new application and meet all the eligibility requirements for the EB-2 visa. In some cases, the individual may be required to show that their skills and qualifications are higher than those required for an EB-3 visa.

20. Are there any restrictions on changing employers or job duties while on an EB-2 visa?

Yes, there are restrictions on changing employers or job duties while on an EB-2 visa. Generally, an EB-2 visa holder must remain employed by their initial sponsoring employer, and any changes to the job duties must be approved by U.S. Citizenship and Immigration Services (USCIS). Furthermore, switching employers requires filing a new petition with USCIS, which can be a lengthy and complicated process. It is best to consult an immigration attorney for more information about making changes while on an EB-2 visa.