EB2 Employment Visa

EB2 employment visa is for applicants who want to become US permanent residents based on employment or a job offer.  EB2 employment visas are for members of professions holding an advanced degree or persons of exceptional ability including individuals seeking a National Interest Waiver.

EB2 Advanced Degree

The job the EB2 employment visa applicant applies for in this category must require an advanced degree.  EB2 employment visa applicants must possess such a degree or its equivalent which is a bachelor degree plus five years progressive work experience in the field.  Documentation such as an official academic record showing the EB2 employment visa applicant has a US advanced degree or a foreign equivalent degree or an official academic record showing the have a US bachelor degree or a foreign equivalent degree and letters from current or former employers showing they have at least five years of progressive post-bachelor degree work experience in the specialty.

EB2 Exceptional Ability

EB2 employment visa applicants in this category must be able to show exceptional ability in the sciences, arts, or business.  Exceptional ability means “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” EB2 employment visa applicants must meet at least three of the following criteria:

  • Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability;
  • Letters documenting at least ten years of full-time experience in your occupation;
  • A license to practice your profession or certification for your profession or occupation;
  • Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability;
  • Membership in a professional association(s);
  • Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations; or
  • Other comparable evidence of eligibility is also acceptable.

EB2 National Interest Waiver

EB2 employment visa applicants seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the US.  Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability and whose employment in the US would greatly benefit the national interest.  EB2 employment visa applicants seeking a national interest waiver may self-petition meaning they do not need an employer to sponsor them and may file their labor certification directly with USCIS.  EB2 employment visa applicants must meet at least three of the criteria below and demonstrate that it is in the national interest that you work permanently in the US:

  • Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability;
  • Letters documenting at least ten years of full-time experience in your occupation;
  • A license to practice your profession or certification for your profession or occupation;
  • Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability;
  • Membership in a professional association(s);
  • Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations; or
  • Other comparable evidence of eligibility is also acceptable.

The US State Department maintains an updated monthly list of the wait times for EB2 employment visa applications.  The monthly list of wait times is called the “Visa Bulletin” and can be found on the US State Department website.  The Visa Bulletin will show various dates under each employment visa category (Second Preference).  The date listed therein is the date in which the EB2 employment applications they are currently processing were filed.

Please note that once an applicant applies for an EB2 employment visa that they would not qualify for a tourist, business or student visa because such visas require an intent “not” to immigrate to the US.  By filing the EB2 employment visa application, an applicant is declaring they have an intent to immigrate to the US and such intent to immigrate makes them ineligible to receive a visitors visas such as tourist, business or student visas.