If you have obtained a master’s degree or higher and contributed at least five years of work in your field, you may qualify for one of the more popular types of work visas awarded in the US. The EB-2 second preference visa is an employment-based immigration visa that aims to attract professionals and skilled workers who have contributed significant work in their fields.
While it does belong to a prestigious employment-based visa category, the EB-2 doesn’t necessarily disqualify foreign nationals who only have a baccalaureate degree or who fail to meet the “exceptional ability” requirements. It does, however, require applicants to complete lengthy paperwork, organize important documents, and appear for in-person interviews.
Luckily, you don’t have to navigate this process alone. This article will explain everything you need to know about the EB-2 immigrant visa, including eligibility requirements, how to apply, and what steps you’ll need to take to submit a viable application.
Unsure how to get started? Don’t hesitate to call Naya Immigration for support. With years of experience helping professionals obtain their EB-2 green cards, our law firm has the experience and tenacity you need for approval. Contact us online to learn more.
Understanding EB-2 Advanced Degree Professionals
Within the EB-2 visa second preference classification are two separate categories of qualifying professional groups. The first category includes individuals who present an “exceptional ability” in three specific sectors: the arts, sciences, and business.
For this article, we will be focusing on the second category, which is targeted toward individuals who have graduated with an advanced degree. Because there are more lenient requirements for proving educational eligibility as opposed to “extraordinary ability”, this is generally a more obtainable route for the typical applicant being considered for an EB-2 visa.
Qualifications for an EB-2 Visa Advanced Degree
Although there are several eligibility factors involved with the “exceptional ability” route, applying for an EB-2 visa based on educational merit requires only two important distinctions. First, you must have an advanced degree (a master’s degree or higher), and second, you must have a legitimate job offer in the U.S. which you qualify for and requires your credentials.
In certain situations, these two requirements become somewhat flexible. For example, applicants may be approved for an EB-2 visa even if they only hold a bachelor’s degree, which is typically insufficient to fulfill the educational requirement. Those applicants will, however, be required to supplement their education with at least five years of verified experience.
Although the U.S. Citizenship and Immigration Services (USCIS) requires all EB-2 applicants to have a verified offer of employment to be approved, they may not be required to secure employer sponsorship if they can prove that being granted a work visa is in the best interest of the U.S. government and economy.
This exception is called the National Interest Waiver (NIW) and to qualify, you must prove the following:
- Your proposed endeavor has both substantial merit and national importance.
- You are well-positioned to advance the proposed endeavor.
- On balance, it would be beneficial to the United States to waive certain eligibility criteria, including the labor certification requirement.
Ultimately, each immigration law case is different, and the eligibility requirements for any one applicant depend on their specific circumstances. If you need help positioning your EB-2 application to qualify for an NIW or communicating with the USCIS, an attorney can provide you with the necessary legal advice.
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Required Documentation for EB-2 Visa
After confirming your eligibility, you’re ready to begin collecting the necessary documentation for your application. While you should make sure you have access to the originals, the USCIS will almost always accept photocopies of the required documentation.
To begin the application process, you will need access to the following:
- Your official academic record, including copies of the highest degree earned (master’s degree or higher), educational transcripts, and a notarized evaluation/translation of the educational documents if they originate from your home country
- Letters of recommendation from current and/or former employers and employment verification letters detailing work experience
- A job offer letter from a valid U.S. employer specifying the position, job duties, educational requirements, and salary
- Documentation supporting the claim that your work is in the national interest of the United States (if applying for a National Interest Waiver (NIW))
As you can see, the documentation requirements for applying for the EB-2 green card depend entirely on the individual’s situation, experience, and educational level, and are subject to frequent change. If you have questions regarding documentation, it’s worth consulting an immigration attorney who can help you communicate with the USCIS and determine what documentation requirements apply to you.
How To Apply For An EB-2 Visa
Now that you’ve gathered and made copies of all the necessary documentation, it’s time to begin the application process. For most people, there will be three distinct steps to take: 1) filing a petition, 2) submitting to an interview at an embassy or consulate, and 3) waiting for processing.
Typically, the responsibility of filing a petition will largely fall on the employer, who will also act as your sponsor throughout the application and immigration process.
The EB-2 PERM Process
In most cases, the petitioning phase will begin with a process called Program Electronic Review Management, otherwise known as the PERM process or labor certification process. This process essentially confirms that your job offer meets the eligibility requirements of EB-2 and that the job has been offered to U.S. workers before being offered to foreign workers.
To complete the PERM labor certification process, your employer will need to satisfy the following requirements and submit ETA Form 9089 (PERM application) to the U.S. Department of Labor (DOL):
- Job advertisement. Your employer is required to advertise the job opportunity to the U.S. workforce through various channels, such as newspapers, online job portals, and other relevant mediums. The goal is to attract potential U.S. workers.
- Prevailing wage determination. Your employer must obtain a prevailing wage determination from the U.S. Department of Labor, indicating the minimum wage that must be offered to the foreign worker based on the job’s location and requirements.
- Recruitment period. Your employer must wait for a specified period to allow interested U.S. workers to apply for the position.
Once you and your employer have filed all of the necessary paperwork and documentation and paid the filing fees, the USCIS will process the petition over the next several months. If no additional information is needed, the USCIS will reach out to schedule an in-person meeting and your application will move to the interview phase.
Required Documentation for Visa Interview
Before going over what a typical embassy EB-2 visa interview is like, it’s important that you (once again) gather the correct documents. This time, however, you will want to bring the original documents—not copies. For your interview, you will need the following:
- Your passport
- Two passport pictures
- Visa fee payment receipt
- Your transcripts
- Your job offer letter
If you are adjusting status in the U.S., an interview may or may not be scheduled, based on USCIS’ discretion. If you have an immigration lawyer, try to meet with them beforehand to go over what to expect at the interview and to make sure you are adequately prepared.
The Interview Process
During the interview, the consular officer will likely start by verifying your identity and confirming the purpose of your visit to the United States. The officer may then go over your educational and professional associations to ensure that you meet the criteria for the EB-2 green card.
You should also be prepared to discuss your academic and professional achievements, providing detailed information about your degree, work experience, and any special recognition or awards you have received. The officer may inquire about your specific field of work and your degree of expertise, as well as how your skills contribute to the advancement of your profession or industry.
Finally, the consular officer will likely discuss your immigration background and your plans for when you arrive in the U.S., such as housing arrangements, travel itineraries, and plans for maintaining financial stability. If there are no remaining issues, the officer will either approve your application or request more time to go over your case.
Finally, the consular officer will likely discuss your immigration background and your plans for when you arrive in the U.S., such as housing arrangements, travel itineraries, and plans for maintaining financial stability. If there are no remaining issues, the officer will either approve your application or request more time to go over your case.
Consider hiring a California immigration lawyer
Applying for an EB-2 advanced degree can be an incredibly intimidating process, especially if you’re unfamiliar with the U.S. immigration system. The good news is you don’t have to do it alone. Naya Immigration is here to answer your questions, whether you’re a professional navigating the application process or an employer trying to petition the USCIS on behalf of your employee. Contact us today to schedule a consultation.
Disclaimer
The information on this website is for general information purposes only and does not constitute solicitation or provision of legal advice. Viewing information on this website and/or contacting Naya Law Group, PC does not establish an attorney-client relationship. This blog should not be used as a substitute for obtaining legal advice for any individual case or situation from an attorney licensed or authorized to practice in your jurisdiction.
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