The EB-2 Visa is an employment based visa that provides non-resident U.S. aliens who possess professional degrees to be employed in the U.S. in the science, arts and business fields. To apply, one of the principal requirements for qualification is that the applicant must demonstrate “remarkable skills” in their respective field.
The U.S. benefits from issuing EB-2 visas by adding more extraordinary professionals to the American workforce. This helps to bolster the American economy and improve ingenuity.
EB-2 Visa Eligibility
A non-resident alien applicant can apply for an EB-2 visa if they wish to work in a position that requires a degree higher than the baccalaureate level. The alien would be allowed to fill this role under permanent status if granted an EB-2 visa. The petitioning applicant must disclose their official school transcripts that prove their educational qualifications from an accredited U.S. or foreign university or institution of higher learning. The applicant must also prove that they have completed a minimum of five years of advanced work in the field that the visa will allow them to be employed in. There are three different classifications for for an EB-2 visa: the EB-2(A), EB-2(B) and EB-2(C) categories. These categories differ by the levels of professional skill, background, and experience that must be met for each different visa type.
EB-2(A) Visa Requirements
Non-citizens who have a four year degree and an advanced post-graduate degree, or a bachelor’s degree coupled with at least five years of employment experience in their chosen field may be eligible for an EB-2(A) visa. However, they must also have drawn interest from a U.S. firm who wishes to employ someone like themselves with their advanced education and expertise.
There are different methods that an applicant can use to obtain an EB-2(A) visa. One way an applicant can satisfy eligibility requirements is to provide proof of their completed education from an advanced degree program from an accredited U.S. institution or foreign institution equivalent. The applicant may also provide evidence of their completion of a bachelor’s degree program from an accredited U.S. institution or foreign institution equivalent along with proof of their 5 year work experience in the advanced field they wished to be employed in.
EB-2(B) Visa Requirements
To successfully acquire an EB-2(B) visa, petitioning applicants must first and foremost demonstrate exceptional ability in the sciences, arts, or a particular industry. The USCIS recognizes these talents as superior to those individuals normally occupied in the sciences, arts or industry. Applicants qualify for EB-2(B) status by satisfying at least three out of the seven criteria below:
- Proof of educational background in their selective field
- Proof of ten years of full-time employment in their selective field
- Proof of current permit or endorsement for their vocation
- Proof of income from their selective profession
- Proof of affiliation with professional organizations in their selective field
- Proof of endorsements from professional associates, government bodies and recognized trade organizations
- Supplementary documentation that supports their case
EB-2(C) Visa Requirements
The EB-2(C) visa is granted to non-residents whose permanent residency in the U.S. will benefit national interest. This national interest waiver classification requires that petitioning applicants provide proof that their employment and residence in the U.S. will improve and benefit U.S. national interests before being granted an EB-2(C) visa. A national interest waiver requests that USCIS officials approve the visa and dismiss the employment history component of the application that normally is a requirement for EB-2 status. Applicants can petition this request for themselves without the help of a U.S. firm. Non-residents who are granted an EB-2(B) visa, however, must still exhibit proof that their permanent residency in the U.S. will benefit national interests.
Contact Us To Apply
If you are an employer or non-resident pursuing an EB-2(C) visa, contact Johnson & Masumi P.C. Our immigration attorneys have years of experience managing EB-2(C) visa applications and work to give you the best possible chances of being successfully granted a visa. We will consult with you about your unique case so you can understand the details of the application process and your options for permanent U.S. residency. Call or contact us online today to discuss your qualifications.