U.S. Work Visa for Individuals with Exceptional Ability (EB-2)

1. What is an EB-2 work visa?


An EB-2 work visa is a type of employment-based visa that allows a foreign national with certain specialized skills, an advanced degree, or an exceptional ability in the sciences, arts, or business to work in the United States. This visa requires that the applicant receive an approved labor certification from the U.S. Department of Labor and a job offer from a U.S. employer.

2. What are the requirements for the EB-2 visa?


The requirements for the EB-2 visa are:

1. You must be a professional with an advanced degree (such as a master’s degree or higher) or a foreign national with exceptional ability in the sciences, arts, or business.

2. You must have a job offer from a U.S. employer and be sponsored by that employer.

3. You must prove that the job offered requires someone with an advanced degree or exceptional ability.

4. The job offer must be for a permanent position in the U.S., not a temporary one.

5. You must meet all other eligibility requirements for the visa category.

3. What type of jobs are eligible for an EB-2 work visa?


Eligible jobs for an EB-2 work visa include:

-Advanced degree professionals

-Exceptional ability professionals in the sciences, arts, or business

-National interest waiver holders – these are individuals who can prove that their work in the U.S. is in the national interest and can waive the normal labor certification requirements for the visa.

4. How long is an EB-2 visa valid for?


An EB-2 visa is valid for 4 years from the date of issuance. However, it can be renewed for additional 4-year periods as long as the visa holder remains eligible for the visa.

5. How does the priority date system work with the EB-2 visa?


The priority date system works by determining the order in which cases will be processed by the United States Citizenship and Immigration Services (USCIS) for EB-2 visas. The priority date is the date when an individual’s labor certification application, or a Form I-140, was filed with USCIS. It is the earliest date when an individual’s immigration petition is officially accepted and waiting to be processed. When USCIS begins processing cases for EB-2 visas, only those individuals with priority dates before the cutoff date are able to have their petitions processed. This cutoff date is determined by the U.S. Department of State and is published in its monthly Visa Bulletin.

6. Are there any special considerations for physician employment with an EB-2 visa?


Yes, there are special considerations for physicians looking to obtain an EB-2 visa. Specifically, a physician must have a J-1 visa waiver or an employment certification from the U.S. Department of Labor in order to qualify for the EB-2 visa. Additionally, the physician must demonstrate that they have a specialty expertise that is in high demand in the U.S., and must show that they are able to work in their specialty in the U.S. without taking a job away from an American worker.

7. How long is the processing time for an EB-2 visa?


The processing time for an EB-2 visa varies depending on the individual case, but in general it can take anywhere from several months to several years. The exact timeframe can depend on several factors, such as the country of origin, the current backlog of applications, and whether or not the applicant is applying with a National Interest Waiver.

8. How much does an EB-2 visa cost?


The cost of an EB-2 visa varies depending on the specific circumstances of each applicant. Generally, it costs between $700 and $3,500 in government fees, plus the cost of any required medical examinations. The USCIS also charges a fee for processing the application.

9. Are there any restrictions on the number of people hired on an EB-2 visa?


No, there is no restriction on the number of people hired on an EB-2 visa. However, employers must still comply with the Department of Labor rules regarding wages and labor conditions. Additionally, employers must be able to demonstrate that the hiring of foreign workers will not adversely affect wages and working conditions of similarly employed U.S. workers.

10. Do I need to submit a job offer or labor certification to apply for an EB-2 visa?


Yes, you will need to submit a job offer or labor certification to apply for an EB-2 visa.

11. What documents do I need to submit to apply for an EB-2 visa?


To apply for an EB-2 visa, you will need to submit the following documents:
* A completed I-140 form, Petition for Alien Worker;
* Proof of a job offer in the US from a US employer;
* An approved labor certification from the Department of Labor;
* Your academic and/or professional qualifications;
* Evidence of experience and/or extraordinary ability in the field or occupation for which you plan to work in the US;
* Evidence of intent to permanently remain in the US; and
* Any other documents that may be required by USCIS.

12. Is there a limit to how many times I can renew my EB-2 visa?


No, there is no limit to how many times an EB-2 visa can be renewed. However, it is important to note that the renewal period for the visa may be shorter than the initial validity period, and that the visa holder will need to reapply for a new visa after the renewal period ends.

13. Are any other visas required in addition to the EB-2 visa for foreign workers?


Yes, depending on the specific situation of the foreign worker, other visas may be required in addition to the EB-2 visa. This includes visas for temporary workers (H-1B and H-2B); employment-based immigrant visas (EB-1, EB-3, and EB-4); investor visas (E-1 and E-2); and student visas (F-1).

14. What are some of the complications that can arise during the process of obtaining an EB-2 work visa?


Some of the complications that may arise during the process of obtaining an EB-2 work visa include:
* Difficulty obtaining a job offer with an employer willing to sponsor the visa;
* Difficulty obtaining a labor certification, which is required for most EB-2 visa applications;
* Difficulty gathering all of the necessary documents and paperwork for the application;
* Difficulty meeting the minimum requirements for eligibility;
* Prolonged waiting periods due to processing delays or backlogs;
* Unexpected changes to immigration law or policy that can affect eligibility;
* Denial due to incomplete or incorrect information on the application.

15. Is it possible to transfer from a H-1B visa to an EB-2 work visa?


Yes, it is possible to transfer from a H-1B visa to an EB-2 work visa. The requirements for EB-2 visas are typically more stringent than H-1B visas, as they require a higher degree of professional experience or qualifications. However, if the individual meets the requirements for the EB-2 visa, then it is possible to transfer from the H-1B to the EB-2.

16. Are there any risks associated with applying for an EB-2 work visa?


Yes, there are risks associated with applying for an EB-2 work visa. The most common risks are:

– The wait time for a decision can be quite long, and there is no guarantee that the application will be approved.

– It is also possible that the employer’s petition may be denied, which can cause significant delays in the application process.

– Additionally, the visa holder may be subjected to a detailed background check, and if any discrepancies are found, the application may be denied.

– There is also a risk of fraud or misrepresentation, which can lead to criminal prosecution.

17. How long does it take to receive a green card after obtaining an EB-2 work visa?


The time it takes to receive a green card after obtaining an EB-2 work visa will vary depending on the individual’s situation. Generally, it can take from several months to more than a year for the process to be completed.

18. Can I apply for permanent resident status without having to obtain an EB-2 work visa first?


No. Permanent resident status (also known as a Green Card) requires a foreign national to have an approved immigrant visa petition and a visa number available before they can apply. An EB-2 work visa is one of the pathways to obtaining an immigrant visa petition and a visa number.

19. What are some of the benefits of holding a green card compared to an EB-2 work visa?


Benefits of having a green card compared to an EB-2 work visa include:

1. Permanent residence status: A green card provides permanent residence status, granting access to more job opportunities and the ability to stay in the U.S. for longer periods of time.

2. Ability to travel: With a green card, you can travel abroad with fewer restrictions and for longer periods of time.

3. Ability to sponsor family members: With a green card, you can sponsor family members for permanent residence status. This includes spouses, children, and other close relatives.

4. Access to social services: Green card holders can access certain social services, such as Medicaid, Social Security, and other government-funded programs.

5. Path to citizenship: A green card is the first step towards becoming a U.S. citizen, whereas an EB-2 work visa does not provide that option.

20. What if my application for the EB-2 work visa is denied, what options do I have then?


If your application for the EB-2 work visa is denied, you may be able to appeal the decision. Alternatively, you may be able to pursue other visa options, such as the EB-3 or EB-1 visas. You should consult with an immigration lawyer to determine your best course of action.