EB2 Visa Requirements, Applications Steps, and Eligibility Criteria

The EB-2 visa or the Second Priority Workers visa is an immigrant visa which targets three groups of people. These groups are:

• Advanced Degree Holders: Those who have advanced educational degrees such as a Bachelor’s or a Master’s Degree and 5 years of experience in their field.
• People with exceptional abilities: Those who have demonstrated exceptional abilities and achievements in business, arts, or sciences.
• Those who can obtain a National Interest Waiver: Those who can demonstrate that working in the US would benefit the country and is in the US national interest.

EB2 Visa Requirements

To qualify for the EB2 visa, you must prove that you meet the following requirements:

• Advanced Degree Holders:
  • Prove through academic records that you have an advanced educational degree such as a Bachelor’s or Master’s Degree or a US equivalent
  • Have previous employer’s letters proving that you have 5 years of experience in your field of expertise after you completed your Bachelor’s Degree
• Person with exceptional abilities or a national interest waiver:
  • Show diplomas, certificates, or awards which prove you have achieved excellence in business, arts, or sciences, or other fields of expertise
  • Have letters from employers proving at least 10 years of full-time job experience in your field of study
  • Have a license or a certification which shows you are able to practice your profession
  • Prove that you have had a high salary in your previous jobs which show that you have exceptional abilities
  • Show that you have membership in one or more professional associations
  • Prove that you have won recognitions for your achievements and contribution in your field of expertise by your peers, professional organizations, or the government
  • For the national interest waiver, you must also submit proof that your work is in the interest of the US government
• US employers who wants to hire a person and sponsor the foreign worker for an EB-2 visa:
  • Prove that you could not find an available, willing, or qualified US worker and so you need to hire a foreign worker
  • Prove that you will not discriminate towards the foreign worker and will pay them the same wage you would pay a US worker in the same job position
  • Prove that your company is financially stable and can afford to pay the foreign worker

Supporting Documents for the EB2 Visa

To apply for an EB2 visa you must provide the following documents to your application file:

• Your passport which must be valid for more than 6 months after your intended departure to the US
• Your employment offer from the US employer
• The approved labor certification
• The approved petition
• Your DS-261 confirmation page
• Your signed medical and vaccine documents
• Two photographs that meet the US visa Photo Requirements
• Academic achievements (diplomas and certificates)
• Letter of sponsorship from your employer
• Your CV or resume
• Letters from previous employers
• If applying for a National Interest Waiver, submit proof of why your work is in the national interest of the US.
• Court and criminal records
• Depending on the case, the NVC might require other supporting documents, so you must follow their instructions carefully.

How to Apply For The EB2 Visa?

The application process is divided in two parts:

• The US employer obtains labor certification and files the necessary petitions.
• If approved, the foreign employee then applies for the EB-2 visa at a US Embassy in their home country.

Application Procedures for the Employer in the US

The employer in the United States must go through these phases of the application:

1. Getting the labor certification. This is done by filing Form ETA 750 to the Department of Labor . By submitting this form, the US employer states that they have tried to find a US employee for that job position but could not and that the foreign worker will be paid a prevailing wage.
2. Filing the petition. This is done by filing Form I-140, Immigrant Petition for Alien Worker. The employer must also attach financial statements, audits, and tax returns to prove that the company is financially stable.

After filing the petition, USCIS will process the petition and will notify the employer. If approved, the case will go to the National Visa Center (NVC). If denied, the US employer is not allowed to hire a foreign worker.

When the case goes to the NVC, they will assign a case number and invoice ID number. These documents will be part of the package with instructions on how to apply that will be sent to the foreign employee in their home country. However, since there is a cap on the EB-2 visas, the NVC will only send this package when the applicant’s priority date becomes current.

Application Procedures for the Applicant

On the other hand, the applicant must go through the following steps, from their country of residence:

What are the EB-2 visa Fees?

The amounts vary and are decided by the DOL, USCIS, and the US Embassy in the country you are applying from. In general, your employer and you will have to pay the following fees:

Fee type	Who pays	Estimated Cost
DOL Labor Certification (PERM)	Employer	$3,000–$10,000
USCIS Form I-140	Employer	$700
DS-261 Processing	Employee	$325
Medical Examination	Employee	$200–$500
Supporting Documents	Employee	$100–$500
Translation Fees	Employee	$20–$50 per page
Premium Processing (optional)	Employer	$2,500
Total Estimated Cost		$6,845 – $14,575

Some of these fees are estimations and depend on the situation and country of residence of the applicant.

How Long Does it Take to Get an EB-2 Visa?

The time for EB-2 visa to be processed can range from one year to three or four years. Since there is a cap on the limit of annual visas given for EB-2, the processing time for it can be quite long. The visas are processed in order of applying, so if you have applied earlier, you might get processed faster.

Can I Bring my Family to the US with an EB-2 Visa?

If you have an approved and valid EB-2 visa, then you can have your spouse and unmarried children under 21 years old join you. Your spouse must apply for the E-21 visa and your children for the E-22 visa.

After they get their visas, your spouse is eligible to work in the US by getting an Employment Authorization Document (EAD).