EB2 Visa: A General Guide
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An EB2 visa permits foreign professionals with advanced degrees or extraordinary abilities in certain fields to work and live indefinitely in the United States. This visa category is one of the employment-based visas made available by the U.S. government. It grants recipients permanent resident status and unrestricted access to life in and working in the U.S.
Moreover, for foreign nationals who desire to advance their careers in the U.S. and gain the advantages of permanent residency, the EB-2 visa is a fantastic choice. However, candidates must follow particular qualifying conditions, and the application procedure for an EB-2 visa can be challenging.
Key Points of the EB-2 Visa
- Foreign professionals can permanently reside and work in the U.S. with an EB-2 visa.
- It falls under the category of an employment-based visa and is designed for people with extraordinary talent or advanced degrees in particular fields.
- Foreign nationals who meet particular eligibility requirements and have a work offer from a U.S. firm are eligible for the EB-2 visa.
- For foreign professionals who want to live and work permanently in the U.S., the EB-2 visa is a popular choice. It is an employment-based visa, which means that to apply, you must have an offer of employment from a U.S. firm.
- Those with extraordinary skills or advanced degrees in sectors like science, the arts, business, or engineering are eligible for the EB-2 visa.
- Each employment-based class, including EB-2 visas, receives a set number of visas yearly from the U.S. government. Once granted, the visa holder and any dependents may reside and work in the U.S. permanently, travel unrestrictedly outside the country, and enter and exit the country multiple times without obtaining a new visa.
Eligibility Criteria for the EB-2 Visa
- Possess an advanced degree (Master's or above) in their area of specialization from a U.S. university with academic standing or the equivalent qualification from a foreign country.
- Possess outstanding talent in the arts, sciences, or business, as evidenced by a wealth of accomplishments documentation.
- Possess an offer to work in a medically underserved area of the U.S. and be a physician who has completed a residency program there.
- The candidate must hold an advanced degree in their specialization, such as a Master's or higher. The diploma must be obtained from a U.S. university with an accredited or international equivalent.
- The candidate must have a remarkable talent in the arts, sciences, or business, as proven by thorough documentation of their accomplishments.
- A candidate might be eligible for a National Interest Waiver (NIW) in particular circumstances, eliminating the need for a job offer and labor certification. The applicant must show that their work in the U.S. would materially advance U.S. national interest to be eligible for an NIW.
- They must meet the requirements for extraordinary skill and work in a field with a high degree of intrinsic value.
Benefits of the EB-2 Visa
- The permanent residency designation provided by the EB-2 visa allows for indefinite residence and employment in the U.S.
- Also, the bearer of the visa can leave the country and return without needing a new visa.
- The spouse and unmarried children under 21 who are not adults may also travel to the U.S. with the visa holder and may be granted dependent visas.
- Once granted, the bearer of an EB-2 visa and any dependents may reside and work continuously in the U.S. without having to reapply.
- The EB-2 visa holder can apply for a green card, which provides permanent residency status without the requirement of a sponsor, after holding the visa for a predetermined amount of time.
- As long as the position is in the same industry as the one specified on their visa application, the EB-2 visa holder can work for any firm in the U.S.
- The bearer of the visa can leave the U.S. and return without obtaining a new visa.
- The spouse and unmarried kids under 21 of the visa holder may also be qualified to apply for a visa to join them in the U.S.
- The holder of an EB-2 visa can apply for U.S. citizenship after having a green card for a specific amount of time, which comes with several advantages, such as the right to vote, the use of a U.S. passport, and eligibility for particular government posts.
- After receiving a green card, the legal immigrant may be qualified for government programs like Social Security, Medicare, and Medicaid.
How to Apply for the EB-2 Visa
- Obtaining a labor license from the U.S. Department of Labor is how the employer starts the procedure (DOL).
- On behalf of the applicant, the employer submits Form I-140 (Immigrant Petition for Alien Worker) to U.S. Citizenship and Immigration Services (USCIS).
- USCIS examines the application and decides whether the applicant satisfies the requirements.
- If the application is accepted, the applicant may go on to apply for an immigrant visa at their home country's embassy or consulate in the territory of the United States.
- The first step is to get a job offer from a U.S. firm ready to sponsor the candidate for the EB-2 visa. The position must fit the applicant's honors education or extraordinary skill in that subject.
- The hiring of a foreign worker does not harm the pay and working conditions of U.S. employees in comparable positions, according to a labor license from the U.S. Department of Labor (DOL), which attests that no competent U.S. workers are available for the post.
- On the candidate's behalf, the employer must submit Form I-140, Petition for Alien Worker, to U.S. Citizenship and Immigration Services (USCIS). Evidence of the applicant's credentials, such as academic credentials, career history, and accolades, must be included on the application.
- To be considered for a National Interest Waiver, the applicant must submit Form I-140 with evidence of their exceptional skill and how working in the U.S. will significantly advance the national interest.
Key Terms for EB2 Visas
- Employment-Based Immigration: A category of visas that allows individuals to immigrate to the United States for employment.
- Exceptional Ability: A term used to describe individuals with a high level of expertise in their field of work, which can be demonstrated through extensive documentation of their achievements.
- Advanced Degree: A degree beyond a bachelor's degree, such as a master's, doctorate, or professional degree.
- Labor Certification: A process by which an employer must demonstrate that no qualified U.S. workers are available for a particular job position before hiring a foreign worker.
- National Interest Waiver (NIW): A provision that allows individuals to bypass the labor certification process if they can demonstrate that their work is in the national interest of the United States.
Final Thoughts on EB2 Visas
For expatriate workers who want to live and work permanently in the U.S. and have advanced degrees or extraordinary abilities in particular industries, the EB-2 visa is perfect. However, since the application procedure can be complicated, it is advised to get advice and assistance from an immigration lawyer or other approved service provider because they have advanced degrees or remarkable abilities in their industry.
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Kenneth G.
Kenneth E. Gray, Jr. is a business and tax attorney who advises entrepreneurs, investors, and closely held companies on transactions, tax planning, disputes, and long-term wealth structuring. He focuses on helping clients make legally sound decisions that also make business sense. Ken’s practice includes business formation and restructuring, mergers and acquisitions, private investments and fundraising transactions, contract drafting and negotiation, and cross-border matters. He also maintains a significant tax practice, advising on federal and state structuring, specialty filings (including partnership, corporate, and non-resident matters), and representing clients in disputes before the U.S. Tax Court and other federal and state tribunals. In addition to his transactional work, Ken handles commercial and business litigation, including tax controversies, financial disputes, and partnership matters. His litigation experience informs how he structures deals and governance documents, with an eye toward preventing disputes before they arise. Ken also advises individuals and families on estate planning, trust formation, tax-efficient wealth transfer strategies, and probate administration, including planning involving closely held businesses and foreign assets. Before practicing law, Ken worked in banking and private equity, including managing a $5 billion emerging markets fund-of-funds portfolio at the U.S. Overseas Private Investment Corporation (OPIC) and serving in equity research at ABN AMRO. That financial background allows him to understand transactions from both the legal and capital perspective. He holds a J.D. from Georgetown University Law Center and an MBA from Yale University. He practices before the U.S. Tax Court, various state courts, and other federal courts.
"It is not easy to find a lawyer that knows Offshore Asset Protection Trusts, which own a foreign LLC, which owns a USA LLC. Fines could reach $100K if the tax forms are incorrect, or not filed. He was able to review my draft returns and provide memos with required changes (many, many changes), after 1 follow-up everything was basically done other than a few tiny edits. I really appreciated how he worked me in, right in the busiest time of tax season, to ensure there were no errors. Would definitely hire again."
Daehoon P.
Daehoon P.
Corporate, M&A & Securities Lawyer | Managing Attorney, DP Counsel PLLC Practice Areas: Business Formation | Commercial Contracts | Contract Drafting & Review | Mergers & Acquisitions | Venture Capital | Securities Offerings | Franchise Law | Employment & Equity Compensation | Intellectual Property | Cross-Border Transactions About/Bio: I represent companies, investors, and fund sponsors in corporate transactions, commercial contracting, and private securities matters, from entity formation and early-stage financings to acquisitions, exits, and ongoing strategic counsel. As Managing Attorney of DP Counsel PLLC, I help clients structure transactions clearly, allocate risk thoughtfully, and move deals forward with documentation that is practical, enforceable, and aligned with business objectives. My practice includes both day-to-day commercial matters and more complex transactional work, including venture financings, private offerings, M&A deals, fund-related documents, and cross-border structuring. What I Do: Corporate & Commercial • Entity formation and structuring for corporations, LLCs, and limited partnerships • Operating agreements, shareholder agreements, and governance documents • Commercial contract drafting, review, and negotiation • Vendor, distribution, manufacturing, SaaS, and licensing agreements • Employment, consulting, confidentiality, and equity compensation agreements • Outside general counsel support for growing companies Securities & Private Capital • Private offerings under Regulation D and Regulation S • Private placement memoranda, subscription agreements, and investor documents • SAFE, convertible note, and priced equity financings • Venture capital and private fund formation matters • Fund governing documents and offering document packages • Securities law analysis for private capital raising transactions Mergers & Acquisitions • Letters of intent and term sheets • Stock purchase, asset purchase, and merger agreements • Due diligence coordination and transaction support • Disclosure schedules, closing documents, and post-closing matters • Earnouts, rollover equity, indemnity structures, and related deal terms • HSR, CFIUS, and related regulatory issue spotting for qualifying transactions Digital Assets & Emerging Technologies • Federal-law digital asset and token securities analysis • Entity structuring for blockchain and Web3 ventures • Digital asset fund and operating structures • AML/KYC documentation support and regulatory issue spotting Franchising • Franchise Disclosure Documents (FDDs) • Franchise agreements • Master franchise and area development agreements • Franchise structuring and registration coordination Real Estate Transactions • Commercial real estate acquisitions and dispositions • Real estate joint ventures and syndications • Commercial lease drafting and negotiation • Real estate investment structures and related offering documents Cross-Border & International • U.S. market entry and entity structuring for international clients • Delaware and multi-entity holding structures • Cross-border transaction planning and documentation • Coordination with foreign counsel and tax advisors on cross-border matters Why Clients Hire Me: • Big-law-level drafting with boutique responsiveness • Practical, business-focused advice grounded in execution reality • Clear scoping and transparent fee arrangements • Experience across financings, acquisitions, fund formations, and cross-border transactions Typical Projects: • Contract drafting and negotiation • Entity formation and governance packages • Private offering document suites • Venture financing documentation • M&A transactions from LOI through closing • Fractional or outside general counsel support Industries Technology | SaaS | FinTech | Digital Assets | E-commerce | Healthcare | Real Estate | Food & Beverage | Professional Services
"Daehoon drafted a co-op sublease for my New York apartment. He was thorough, responsive through several rounds of revisions, and gave me a clear checklist of everything the package needed. Would definitely recommend."
Fabian G.
Fabian Garcia Villanueva is the Managing Attorney and Founder of GV Law PLLC, a premier boutique law firm delivering Big Law level representation to clients across corporate, transactional, and regulatory matters. At GV Law, Mr. Garcia leads a multidisciplinary team that advises business owners, investors, and professionals on complex transactions, strategic growth initiatives, and compliance across multiple sectors including healthcare, finance, real estate, technology, and international business. The firm handles everything from business formations and cross-border transactions to mergers and acquisitions, private offerings, commercial agreements, and ongoing legal operations support. Known for precision, strategic thinking, and relentless attention to detail, Mr. Garcia brings the rigor of top-tier law firms into a modern, agile practice. GV Law’s clients include emerging ventures, established corporations, and high-net-worth individuals seeking first-class legal partnership built on trust, efficiency, and results.
"Good work, on time, good communications - very smooth process."
Thomas D.
I graduated from the University of Wisconsin Law School. Upon graduation, I went to McDermott, Will & Emery in Chicago and practiced corporate, real estate and tax law. I then joined Godfrey & Kahn where I became a shareholder in the real estate group, head of real estate lending and continued to practice corporate law. At these firms, I received excellent training and represented some of the largest and most innovative clients in the US. After practicing law for 15 years, I founded a real estate development company. I built a multi-million dollar company and developed many significant projects. I sold the company and was recruited for senior positions by two other real estate companies. I continued to hone my legal skills at these companies by negotiating and drafting countless documents for my businesses. The combination of my legal and business experience helps me foster the growth of clients' businesses, solve their problems and guide them through difficult matters.
"There may have been some response items, but otherwise Tom was a nice man who helped me with putting together needed documentation."
Brian W.
As a licensed AL lawyer with over 7 years of experience in the legal field, I have spent more than 15 years working in the business and finance sector. I am deeply passionate about immigration, contracts, & my expertise spans a wide range of projects. From handling ICOs & IPOs to navigating VCs, SaaS, OnlyFans, Wholesaler & Manufacturing Agreements, Prenups, Movie Finance, M & As, Visas, Green Cards and more. I have a comprehensive understanding of various contractual needs. Whatever your contract requirements may be, feel free to reach out to me—I can craft or work on any contract with precision and expertise.
"Brian was great to work with and delivered the work requested well before the deadline. He went above and beyond to provide what I needed for my project. Thanks, Brian!"
Christina M.
I am a regulatory transactional attorney with 16 years of in-house experience, largely in the gaming/gambling industry. I have negotiated various types and sizes of contracts from janitorial services for a small commercial building to multi-million dollar technology transactions. I also have a strong regulatory background that strengthens my ability to navigate contracts that are subject to stringent regulations.
"Great lawyer and easy to work with. She really cares about your business."
July 17, 2023
Christine T.
Christine E. Taylor focuses her practice in the areas of Hospitality Law, Business Law, Labor and Employment Law, Real Estate Law, Administrative Law, Estate Law and Litigation. Ms. Taylor grew up within the campground industry, working at parks in both the Yogi Bear’s Jellystone Park Franchise and the Kampgrounds of America Franchise. Armed with two decades of experience, Ms. Taylor is quick to point out the legal issues that apply to outdoor hospitality business owners. She has provided a wide variety of services to campgrounds, RV Parks, and glamping venues, including seasonal licenses, waivers, employment contracts, real estate services and even litigation services as needed.
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