EB-2 Visa Green Card Option

You may qualify for an EB-2 visa, if you are an alien of exceptional ability or if you have an advanced degree or its foreign equivalent.EB-2 visas are categorized into the three following methods: the advanced degree method (EB-2A), the exceptional ability method (EB-2B), and national interest waivers (EB-2C).Contact an immigration lawyer at our office to see how we can prepare and file your EB-2 visa case.

1. EB-2 Visa Advanced Degree Method

The position that you are applying for in the United States must required an advanced degree and you must provide evidence of your advanced degree or its equivalent. A baccalaureate degree and five years of experience in your field will suffice for EB-2 purposes as well.

Required Documentation of the EB-2 Advanced Degree Category EB-2(A):

  • equivalent. You may need to get your foreign degree evaluated by a U.S. corporation
  • Or you may show that you have a baccalaureate degree or its U.S. equivalent, and provide letters from your current employer verifying that you have at least 5 years of experience in your area of expertise

2. EB-2 Exceptional Ability Method EB-2(B)

You must provide evidence of your exceptional ability in the arts, sciences, or business.

Required Documentation: EB-2 “Exceptional Ability” category:

You must provide evidence of at least three of the following:

  • At least 10 years of experience in your full-time profession
  • A valid license to practice your profession or any professional certification
  • A salary that reflects your exceptional ability in your field
  • Membership in professional organizations or associations
  • At least 10 years of experience in your full-time occupation
  • An official academic record showing the highest degree that you have obtained from an college, university, or institute of higher education and accompanying documentation of its equivalency in the United States
  • Recognition for your substantial contribution to your profession or field of work by other professionals, organizations, or government
  • Other types of evidence relating to the above points are also accepted

3. EB-2 National Interest Waivers EB-2(C)

Foreign nationals that can provide evidence of their exceptional ability, may obtain a visa without completion of the labor certification process. Labor certification is waived if the foreign national can show that their employment in the United States would greatly benefit the country, and that it is in the interest of the United States to allow the foreign national entry to work in the country. Foreign nationals that qualify for a National Interest Waiver do NOT need a U.S. employer to sponsor them and may self-petition and file labor certification with the USCIS with their form I-140 petition for Alien Worker.

You must meet at least 2 off the following requirements to qualify as an EB-1 Outstanding Professor or researcher:

  • Provide evidence of major prizes or awards that you have received
  • Provide evidence of your membership in associations related to your field which demands excellence and great achievement
  • Provide evidence of any published material in professional publications written by others in your field of expertise about your work
  • Provide evidence of your authorship in any published material in professional publications or scholarly books or journals
  • Provide evidence of any substantial research or scholarly contributions to your field of expertise
  • Provide evidence of your participation as a judge of any scholarly or research material in your field of expertise

National Interest Waiver Requirements: In order to qualify you must provide evidence of at least three of the following:

  • At least 10 years of experience in your full-time profession
  • A valid license to practice your profession or any professional certification
  • A salary that reflects your exceptional ability in your field
  • Membership in professional organizations or associations
  • At least 10 years of experience in your full-time occupation
  • An official academic record showing the highest degree that you have obtained from an college, university, or institute of higher education and accompanying documentation of its equivalency in the United States
  • Recognition for your substantial contribution to your profession or field of work by other professionals, organizations, or government
  • Other types of evidence relating to the above points are also accepted

3. EB-1 Multinational Manager or Executive

To Qualify for an EB-1 visa through the “multinational manager or executive” category you must have at least one year of experience in your position and must have had this experience in the preceding 3 years. You must be entering the United States in order to continue working for the firm or corporation in which you had had at least a year of experience with as a multinational manager or executive.

Requirements of the Employer:

Your employer must be a U.S. employer that has been doing business for at least one year. Your employer must be a subsidiary, affiliate, or the same corporation that you were employed by abroad.

EB-2 Visa Application Process

  • Your employer must file an I-140 Petition for Alien Worker
  • Generally, you must include an approved labor certification from the Department of Labor on Form ETA-750 (except in national interest waiver cases)

EB-2 Visa FAQ

Can I bring my husband or wife and dependent children with me to the United States while on an EB-2 visa?

Yes, you may bring your spouse and dependent children under 18 years of age with you. Your spouse will be given E-21 status, while your dependent children will be given E-22 status.

After I apply for permanent residence, can my spouse file for employment authorization?

While applying for permanent residence while under an EB-2 visa, your spouse may also file for employment authorization by filing the Employment Authorization Document (EAD).

Are there any travel restrictions will on an EB-2 visa?

There are no travel restrictions while on an EB-2 visa. The Department of State does not limit the number of times you may enter or exit the United States. 

What can I do if my EB-2 I-140 is denied?

You may re-file your I-140 if you can provide the USCIS with new information, otherwise you can file Form I-290B, Notice of Appeal with the required fees at your USCIS service center with jurisdiction over your region, within 33 days of receiving the denial notice.

Written by:Mark Carmel