Eligibility:

The EB-2 visa category is limited to individuals who have advanced degrees, demonstrate exceptional ability in a highly specialized academic field, or have skills, education, or experience that are far above ordinary and can be of national interest.

EB-2A: Advanced Degree Visa

The EB-2A visa is granted to individuals who have advanced degrees with at least a bachelor’s degree and five years of experience in a specialty. Documentation is necessary to demonstrate both requirements are met, including:

• Documents from the applicant’s employer demonstrating the applicant has worked for at least five years in a specialty.
• Documents from the applicant’s academic institution demonstrating the applicant meets the educational requirements.
• Documents that establish an accredited institution in the United States has evaluated and validated the applicant’s education.

EB-2B: Exceptional Ability Visa

The EB-2B visa is granted to individuals who have exceptional ability in the arts, sciences, or business fields. This requires a degree of expertise significantly above what is ordinarily encountered in such areas of work. Documents and materials supplied should include:

• Evidence of the applicant’s achievements in a science, an art, or business.
• Independent confirmation from experts in the field affirming the applicant’s exceptional ability.
• Evidence that the applicant meets and/or can provide at least three of the following:
  • Official academic record demonstrating the applicant has a degree, diploma, certificate, or similar award from an educational institution related to the given area of exceptional ability.
  • A license to practice the given profession or certification for the profession/occupation.
  • Letters documenting at least 10 years of full-time experience in the given occupation.
  • Evidence of a salary or remuneration for services that demonstrate and are commensurate with the applicant’s exceptional ability.
  • Membership in professional associations.
  • Recognition for achievements and significant contributions to the applicant’s industry or field by peers, government entities, professional or business organizations.
  • Other comparable evidence of eligibility.

EB-2C: National Interest Waiver Visa

The EB-2C visa is granted to individuals who can demonstrate, based on their job and education, that their employment in the United States will greatly benefit the nation as a whole. Documentation and evidence will need to be provided that demonstrate the applicant’s employment will provide benefits greater than those that at least one United States worker can provide.

Validity:

The Permanent Residence card expires after 10 years and must be renewed before the expiration date. However, the status of a Permanent Resident does not expire. In some cases, a conditional permanent resident card is granted, meaning the card expires after 2 years and the green card holder must apply to have the conditions of their status removed by USCIS. After which, their permanent resident card will be valid for 10-year periods.

Family Members:

Spouses and children under 21 are derivative beneficiaries of an approved I-140 petition.

Jurisdiction:

EB-2 visas are processed directly with USCIS. I-140 petitions are subject to priority dates. After the approval of the I-140 petition, the applicant can choose whether to adjust their status within the US or to conduct consular processing overseas.

Each case is unique. To determine eligibility for this visa, please contact our firm to set up an appointment.