An EB2 visa application allows foreign nationals with advanced degrees or exceptional ability in their field to get an employment-based visa to work in the US. The EB2 visa is divided into two subcategories: EB2(a) for professionals with advanced degrees and EB2(b) for individuals with exceptional arts, sciences, or business abilities. In addition, the EB2 National Interest Waiver (NIW) is a subcategory that allows individuals with exceptional ability to waive the requirement of a job offer and labor certification by demonstrating their work is in the national interest of the United States.
Eligibility Requirements for the EB2 Visa
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Advanced Degree
The applicant must hold an advanced degree (master's degree, doctorate, or equivalent) in their field.
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Exceptional Ability
The applicant must demonstrate exceptional ability in the sciences, arts, or business. This can be evidenced through achievements such as publications, patents, awards, and peer recognition.
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Job Offer
The applicant must have a job offer from a US employer related to their expertise.
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Labor Certification
For regular EB2 visas, the applicant must obtain a labor certification from the US Department of Labor, which certifies that no qualified US workers are available for the position.
Note that for the EB2 National Interest Waiver (NIW), the job offer and labor certification requirements can be waived if the applicant can demonstrate that their work is in the national interest of the United States.
Required Documents for the EB2 Visa Application
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Passport
A valid passport for at least six months beyond the intended stay in the US.
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Form I-140
The employer must file Form I-140, Petition for Alien Worker, with the US Citizenship and Immigration Services (USCIS) on behalf of the applicant.
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Labor Certification
For regular EB2 visas, the employer must obtain a labor certification from the US Department of Labor.
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Education and Work Experience Documents
These include educational certificates, degrees, transcripts, and work experience letters that support the applicant's eligibility for the visa.
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Evidence of Exceptional Ability
For EB2(b) visas, the applicant must provide evidence of exceptional ability in their field, such as publications, patents, and awards.
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Job Offer Letter
The applicant must provide a job offer letter from the US employer that details the job duties, salary, and other relevant information.
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Financial Documents
The applicant must provide evidence of financial support, such as bank statements, to show they can support themselves in the US.
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Medical Examination
The applicant must undergo a medical examination by a USCIS-approved physician and provide the results.
Note that the exact list of required documents may vary depending on the specific case and USCIS requirements. It's important to consult with an experienced immigration attorney for guidance on the specific requirements for an EB2 visa application.
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How to Apply for the EB2 Visa
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Confirm Eligibility
Determine eligibility for the EB2 visa based on education, experience, and job offer requirements.
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File Form I-140
The employer must file Form I-140, Petition for Alien Worker, with the USCIS.
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Obtain Labor Certification
For regular EB2 visas, the employer must obtain a labor certification from the US Department of Labor.
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Gather Required Documents
Collect the required documents, including educational and work experience documents, evidence of exceptional ability (if applicable), job offer letter, financial documents, and medical examination results.
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Submit Application and Pay Fees
Submit the EB2 visa application and the required documents to the USCIS and pay the required fees.
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Attend Biometrics Appointment
The applicant must attend a biometrics appointment to provide fingerprints, a photograph, and a signature.
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Attend Interview
The USCIS may schedule an interview with the applicant to verify the information and assess eligibility.
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Wait for Decision
Wait for a decision from the USCIS on the EB2 visa application. The processing time can vary depending on the USCIS workload and other factors.
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Enter the US
If the visa is approved, the applicant can enter the US and begin working for the US employer.
Note that the steps and timeline for the EB2 visa application process may vary depending on the case and USCIS requirements. It's important to consult with an experienced immigration attorney for guidance on the specific process for an EB2 visa application.
Tips for a Successful EB2 Visa Application
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Seek Professional Assistance
Work with an experienced immigration attorney to guide you through the EB2 visa application process, as this can increase your chances of success.
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Meet Eligibility Criteria
Ensure that you meet all the eligibility criteria for the EB2 visa, including education, experience, and job offer requirements.
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Provide Comprehensive Documentation
Submit complete and accurate documentation to support your eligibility for the visa. This includes educational and work experience documents, evidence of exceptional ability (if applicable), a job offer letter, financial documents, and medical examination results.
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Highlight National Interest
If applying for the EB2 National Interest Waiver, emphasize how your work is in the national interest of the United States, as this is a crucial factor in the waiver decision.
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Prepare for the Interview
If an interview is required, prepare by reviewing your application and being able to provide clear and concise answers to questions about your education, experience, and job offer.
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Follow Instructions
Follow all instructions and guidelines provided by the USCIS, including deadlines for submitting required documents and fees.
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Be Patient
The EB2 visa application process can be lengthy, so be patient and prepare for possible delays or requests for additional information.
Key Terms for the EB2 Visa Application
- EB2 Visa: A visa option for foreign nationals with exceptional ability and a job offer in the US.
- National Interest Waiver (NIW): A waiver option for EB2 visas that allows the applicant to bypass the labor certification process by proving their work is in the national interest of the US.
- Labor Certification: A process where the employer must obtain certification from the US Department of Labor to verify that there are no qualified US workers for the job offered to the foreign national.
- Form I-140: The form used to file the EB2 visa petition with the USCIS.
- Biometrics Appointment: An appointment where the applicant provides fingerprints, photographs, and signatures for the USCIS to verify their identity and conduct background checks.
Final Thoughts on the EB2 Visa Application
Obtaining an EB2 visa can be a complex and challenging process, but it is possible to succeed with the right guidance and preparation. It's important to carefully review the eligibility requirements, gather all the required documentation, and seek assistance from an experienced immigration attorney who can provide personalized guidance and support throughout the application process. With patience, attention to detail, and expert guidance, you can increase your chances of a successful EB2 visa application and achieve your goals of working in the United States.
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