1. What is an Eb2 visa?

An EB2 visa is a type of employment-based immigration visa that allows foreign professionals with advanced degrees or exceptional abilities to live and work permanently in the United States.

2. Who is eligible for an Eb2 visa?
To be eligible for an EB2 visa, applicants must have either:

– A degree equivalent to a U.S. master’s degree or higher, or a bachelor’s degree plus five years of progressive experience in their field
– Exceptional ability in the sciences, arts, or business that will substantially benefit the U.S. economy, cultural or educational interests, or welfare

Applicants must also have a job offer from a U.S. employer and meet other requirements set by the U.S. Citizenship and Immigration Services (USCIS).

3. How do I apply for an Eb2 visa?
To apply for an EB2 visa, you must follow these steps:

1) Obtain a job offer from a U.S. employer who will act as your sponsor.
2) The employer must file Form I-140, Immigrant Petition for Alien Worker, on your behalf with USCIS.
3) Once the petition is approved and there is a visa number available (or if you are exempt from this requirement), you can file Form DS-260, Immigrant Visa Application.
4) Prepare necessary documents such as passport, birth certificate, police certificates, etc.
5) Attend an interview at a U.S. embassy or consulate in your home country.
6) If approved, receive your EB2 visa and prepare for travel to the United States.

4. Is there a limit on the number of Eb2 visas issued each year?
Yes, there is an annual limit set by the U.S. government on the number of EB2 visas that can be issued each fiscal year (October 1 – September 30). For employment-based visas like the EB2 category, this limit is currently set at 40,040 per year. This limit may change depending on the demand and availability of visas.

5. Can I bring my family members with me on an Eb2 visa?
Yes, under EB2 visas, you can petition for your spouse and children (unmarried and under 21) to join you in the United States as dependents. They will also be eligible to apply for permanent residency after you have obtained yours.

6. Is a job offer required for an Eb2 visa?
Yes, a job offer is required for an EB2 visa as it is an employment-based immigration category. The job offer must come from a U.S. employer who will act as your sponsor and must be related to your academic or professional qualifications.

7. How long does it take to process an Eb2 visa?
The processing time for an EB2 visa varies and depends on various factors such as the backlog of applications, country of origin, and individual circumstances. On average, the processing time can range from 6 months to over a year.

8. Are there any additional requirements for an Eb2 visa?
Besides meeting the eligibility requirements and having a job offer from a U.S. employer, there are some additional requirements for an EB2 visa, including:

– A labor certification from the Department of Labor showing that there are no qualified U.S. workers available for the position
– Credentials evaluation if your degree was obtained outside of the United States
– Proof that you have maintained lawful status while in the U.S., if applicable

2. How do I qualify for an Eb2 visa?

To qualify for an EB-2 visa, you must meet one of the following criteria:

1. Have an advanced degree: You must have a master’s or higher degree from an accredited U.S. university or its foreign equivalent.

2. Have significant work experience: You must have at least five years of professional experience in your field that is considered to be advanced and require a specific skill set.

3. Exceptional ability: You can apply for an EB-2 visa if you can demonstrate exceptional ability in the field of sciences, arts, or business. This includes showing documentation of at least three of the following:

– A degree, diploma, certificate, or similar award from a college, university, or other institution of learning related to your field.
– Letters from current or former employers showing your relevant experience.
– Evidence that you have commanded a high salary compared to others in your field.
– Membership in professional associations.
– Recognition for achievements and notable contributions in your field by peers, government entities, professional organizations, or media.

4. National interest waiver: For those who do not meet the above criteria but believe their permanent residence would be in the national interest of the United States, they may qualify for a national interest waiver (NIW). This requires demonstrating that your proposed employment will benefit the national economy, cultural or educational interests of the United States.

Additionally, you must have a job offer from a U.S. employer and meet all other eligibility requirements for immigration under the EB-2 category. Extraordinary ability applicants are not required to have a job offer but must intend to continue working in their area of expertise upon entry into the United States.

Note that there is also an annual cap on available EB-2 visas which may result in wait times for processing and obtaining permanent residence.

3. Can I apply for an Eb2 visa while living in the US on another visa?

Yes, you can apply for an Eb2 visa while living in the US on another visa. However, you must still meet all the eligibility requirements for the Eb2 visa, such as having a job offer from a US employer and meeting the education and work experience requirements. Additionally, if you are on a non-immigrant visa, such as a student or tourist visa, you must maintain your status until your Eb2 visa is approved.

4. Is there a quota or cap for Eb2 visas?

There is no strict quota or cap for EB-2 visas, but there is an annual limit on the number of green cards that can be issued in this category. This limit is set at 40,040 for fiscal year 2020. If demand exceeds the annual limit, a cut-off date will be established and a waiting list for visa numbers will be created.

5. Can my family members accompany me on an Eb2 visa?

Yes, your spouse and unmarried children under the age of 21 may accompany you on an Eb2 visa as dependents. They will be eligible to live and work in the United States with a valid Employment Authorization Document (EAD). However, they cannot work or receive any income without obtaining their own EAD.

6. Does the EB-2 visa require a job offer from a US employer?

Yes, the EB-2 visa requires a job offer from a US employer. This is because the main purpose of this visa category is to allow individuals with advanced degrees or exceptional ability in their field to come to the United States to work in positions that require such qualifications. Therefore, a job offer from a US employer is necessary to demonstrate that the applicant has a valid reason for seeking entry into the country and will be contributing to the US economy. Additionally, the employer must also file an immigrant petition on behalf of the employee as part of the EB-2 visa application process.

7. Can I apply for permanent residency with an EB-2 visa?

Yes, if you meet the eligibility requirements for permanent residency, such as having a job offer from a U.S. employer, an approved Labor Certification (PERM), and meeting the educational and/or work experience requirements for EB-2 classification, you can apply for permanent residency with an EB-2 visa. The application process will vary depending on whether you are adjusting status from within the U.S. or applying for an immigrant visa abroad. It is important to consult with an immigration attorney to determine the best course of action for your specific case.

8. What is the difference between the EB-2 and EB-3 visas?

The EB-2 and EB-3 visas are both employment-based immigrant visas that allow foreign workers to live and work permanently in the United States. However, there are some key differences between the two:

1. Eligibility Requirements: EB-2 visas require applicants to have an advanced degree (or its equivalent) or have exceptional ability in their field, while EB-3 visas only require a bachelor’s degree (or its equivalent) or skilled work experience.

2. Priority Date: Each month, the U.S. Department of State releases a visa bulletin which indicates the available priority dates for each visa category. The EB-2 category generally has a more favorable priority date, meaning there is less of a backlog for processing these applications compared to the EB-3 category.

3. Job Offer Requirement: Both visas require applicants to have a job offer from a U.S. employer, but the requirements differ slightly. For an EB-2 visa, the employer must demonstrate that they have conducted labor market testing and have not been able to find a qualified U.S. worker for the position offered. For an EB-3 visa, the employer must show that they have tried and failed to fill the role with both U.S. workers and qualified foreign workers currently living in the U.S.

4. Job Classification: The jobs covered under each visa are different as well. Most professions fall under either “skilled” or “professional” categories under the EB-3 visa, while “professionals with advanced degrees” fall under EB-2.

5. Visa Processing Time: Due to its more stringent eligibility requirements, processing times for an EB-2 visa may be shorter than those for an EB-3 visa.

6. Country Restrictions: Both visas are subject to annual caps on the number issued per country of origin, but generally speaking, there are fewer restrictions on country of origin for EB-2 visas than for EB-3 visas.

Ultimately, the main differences between the EB-2 and EB-3 visas lie in the eligibility criteria and processing times. It’s important for individuals seeking employment-based immigrant visas to carefully review the requirements for each and determine which one is most appropriate for their situation.

9. Are there any exceptions to the labor certification requirement for Eb2 visas?

Yes, there are a few exceptions to the labor certification requirement for Eb2 visas:

1. National Interest Waiver (NIW) – Individuals who can demonstrate that their work is in the national interest of the United States may be exempt from the labor certification requirement.

2. Schedule A Designation – Certain occupations in the fields of science, art, or education are pre-certified as being in short supply and do not require labor certification.

3. Physician National Interest Waiver – Foreign medical graduates who agree to practice medicine in an underserved area for a certain period of time may be exempt from the labor certification requirement.

4. Special Immigrant Visa for Religious Workers – Certain religious workers may be exempt from the labor certification requirement if they meet specific criteria.

5. Adjustment of Status Applicants with Advanced Degrees – Individuals who are applying for adjustment of status based on an EB2 petition and hold an advanced degree or exceptional ability do not need to obtain a new labor certification.

It is important to note that these exceptions have specific requirements and guidelines that must be met in order to qualify. It is best to consult with an immigration attorney for guidance on whether you may qualify for an exception to the labor certification requirement for your particular situation.

10. What is the priority date for an Eb2 visa application?

The priority date for an Eb2 visa application is the date when the labor certification application is filed with the Department of Labor. It is used to determine an applicant’s place in line for a visa, as there are annual limits for certain countries and categories.

11. How long does it take to process an Eb2 visa application?

It takes approximately 12-18 months to process an EB-2 visa application. However, processing times may vary depending on the individual case and the workload of the USCIS. It is important to regularly check the USCIS website for updates on processing times.

12. Can I change employers after receiving my Eb2 visa?

Yes, you can change employers after receiving your Eb2 visa. However, the new employer must file a new Form I-140 petition on your behalf and go through the same labor certification process as required for the original Eb2 visa. You may also need to file a new Form I-485 application if you have already applied for adjustment of status with your previous employer. It is important to consult with an immigration attorney before changing employers to ensure that all necessary steps are followed.

13. Do I need to have a graduate degree to qualify for an EB-2 visa?

Yes, a graduate degree or equivalent work experience is required in order to qualify for an EB-2 visa. This can be demonstrated through either a master’s degree or higher, or a bachelor’s degree plus at least five years of progressive work experience in the field.

14. What are the educational requirements for an EB-2 visa?

An EB-2 visa is a type of employment-based immigrant visa that is available to those who possess advanced degrees, exceptional ability, or a national interest waiver. To qualify for an EB-2 visa, applicants must meet the following educational requirements:

1. Advanced degree: The applicant must hold an advanced degree (beyond a bachelor’s degree) from an accredited institution. This may include a Master’s, Ph.D., or other professional or academic degree.

2. Exceptional ability: Alternatively, the applicant may demonstrate exceptional ability in their field through a combination of education, experience, and accomplishments. This can be shown by providing evidence of at least 10 years of full-time work experience in their profession, recognition for achievements and contributions to the field, and/or a license or certification that allows them to practice their profession.

3. National Interest Waiver: In some cases, the educational requirements may be waived if the applicant can demonstrate that their work is in the national interest of the United States. This requires a showing of exceptional ability and proof that waiving the job offer requirement would benefit the country.

In addition to these educational requirements, EB-2 visa applicants must also have a job offer from a U.S. employer and go through the labor certification process to obtain permanent residence.

15. Is there a minimum salary requirement for EB-2 visas?

Yes, there is a minimum salary requirement for EB-2 visas. For the EB-2 category, applicants must be offered a permanent full-time job with a salary that meets or exceeds the prevailing wage for their specific occupation and location as determined by the U.S. Department of Labor. This requirement is meant to ensure that foreign workers are not taking jobs that could be filled by qualified U.S. workers at a lower wage.

16. Can self-petitioners apply for an EB-2 visa?

Yes, self-petitioners may apply for an EB-2 visa if they meet the eligibility criteria for this category.

17.Besides sponsorship by a US employer, are there other ways to obtain an eb-2 immigrant Visa?

Yes, there are other ways to obtain an EB-2 immigrant visa. These include:

1. National Interest Waiver (NIW): This allows individuals who can demonstrate that their work is in the national interest of the United States to self-petition for an EB-2 visa without a job offer or labor certification.

2. Advanced degree exemption: This exemption allows individuals with advanced degrees (master’s or higher) from accredited US universities to apply for an EB-2 visa without a job offer or labor certification.

3. Family-based sponsorship: If you have a close family member who is a US citizen or permanent resident, they may be able to sponsor you for an EB-2 visa through family-based immigration.

4. Investment-based visas: The EB-5 and E-5 investor visas allow individuals who invest in certain approved businesses in the US to obtain permanent residency and eventually citizenship.

It is important to note that each of these options has specific eligibility requirements and may also require additional steps and documentation. Consulting with an experienced immigration attorney can help you determine the best route for obtaining an EB-2 immigrant visa without employer sponsorship.

18.How can I check the status of my eb-2 Visa petition?

There are a few ways you can check the status of your eb-2 Visa petition:

1. Check the USCIS website: You can use the USCIS website’s online case status tool to get updates on your petition. All you need is your receipt number, which can be found on the receipt notice or other correspondence from USCIS.

2. Contact USCIS: You can call the USCIS National Customer Service Center to inquire about your petition status. You will need to provide your receipt number and any other relevant information.

3. Email USCIS: You can also email USCIS through their online contact form to inquire about your petition status. Make sure to include your receipt number and any other relevant information.

4. Check with Your Attorney: If you have an attorney representing you for your eb-2 Visa petition, they may be able to provide updates on the status of your case.

5. Attend a Biometrics Appointment: If USCIS requires biometrics (fingerprinting and photograph) for your petition, attending this appointment means that your case is moving forward.

6. Wait for Communication from USCIS: Once USCIS has processed your visa petition, they will notify you by mail or e-mail with further information or next steps.

It is important to note that processing times vary greatly depending on individual factors and case load at USCIS, so it is best to check for updates regularly and be patient during this process.

19.What documents do I need to submit with my eb-2 Visa application?

The documents required for an EB-2 visa application may vary depending on the specific category (EB-2A, EB-2B, or EB-2C) and the country of origin. However, generally, the following documents may be required:

1. I-140 form (Immigrant petition for Alien Worker)
2. Labor Certification approved by the Department of Labor (if applicable)
3. Form DS-260 (Online Immigrant Visa Application)
4. Valid passport
5. Two passport-sized photographs
6. Proof of educational qualifications and relevant work experience
7. Letters of recommendation from previous employers or colleagues
8. Proof of current employment status and job offer in the United States (if applicable)
9. Evidence of financial stability or support from a sponsor in the United States
10. Medical examination records
11. Police clearance certificate
12.Agents who apply for EB-2 visas under exceptional ability category also need to submit evidence demonstrating their exceptional ability in their field.

It is recommended to consult with an immigration attorney for a comprehensive list of documents required for your specific case.

20.Do I need a lawyer to apply for an eb- Visa?

No, it is not necessary to have a lawyer to apply for an EB-visa. However, the visa application process can be complicated and it may be beneficial to seek legal advice or assistance from an experienced immigration lawyer. They can help ensure that all necessary documents are submitted correctly and that you meet all eligibility requirements for the visa category.