Who Qualifies for the EB-2 Visa?

The EB-2 visa encompasses two primary categories:

1. Advanced Degree Professionals

This category is for individuals who have obtained an advanced degree beyond a bachelor's, such as a master's or doctorate. Alternatively, a bachelor's degree followed by at least five years of progressive, post-bachelor's experience in the field can be considered equivalent to an advanced degree.

2. Individuals with Exceptional Ability

This category targets those who have demonstrated exceptional ability in the sciences, arts, or business. "Exceptional ability" refers to a degree of expertise significantly above that ordinarily encountered in the respective field.

Additionally, certain EB-2 applicants may qualify for a National Interest Waiver (NIW), which allows the usual job offer and labor certification requirements to be waived if the applicant's work is of substantial merit and national importance to the United States.

Application Process

The EB-2 visa application involves several key steps:

1. Labor Certification (PERM):

Generally, the U.S. employer must obtain a labor certification from the Department of Labor, confirming there are no qualified U.S. workers for the position and that hiring a foreign worker will not adversely affect U.S. worker's wages and working conditions.

2. Immigrant Petition (Form I-140):

Once labor certification is approved, the employer files Form I-140, Petition for Alien Worker, on behalf of the applicant. For those seeking a National Interest Waiver, individuals can self-petition by filing Form I-140 directly.

Statistical Insights

The EB-2 visa category is highly sought after due to its benefits, including the potential for a National Interest Waiver and a clear path to permanent residency. In Fiscal Year 2024, the numerical limit for employment-based preference immigrants was 160,791, covering all EB visa categories.

The EB-2 category reached its annual limit before the end of the fiscal year, underscoring the importance of timely and well-prepared applications.

Take the Next Step with Elevate Dreams

Embarking on the EB-2 visa journey can be complex, requiring careful navigation of legal and procedural requirements. Elevate Dreams is committed to assisting you throughout this process, from evaluating your qualifications to preparing and submitting a compelling application. Book a consultation today to explore your eligibility and take the first step toward achieving your U.S. immigration goals.