The United States offers an EB-2 visa as one employment-based option to foreign nationals who wish to work in the US. Non-resident aliens seeking jobs in the science, business, or arts fields may seek out an EB-2 if they possess professional degrees and can demonstrate “remarkable skill” in their field of work. Because these workers boast high levels of education and skill, they boost the US workforce and improve the quality of products and services produced in the US.
Visa Eligibility for The EB-2 Visa
To qualify for an EB-2 visa, a foreign national must seek to work in a position that requires a degree higher than a bachelor’s. Applicants are expected to prove their education experience (if received in the US) or equivalency of their foreign degrees to US degrees (if received outside the US) through transcripts. In addition, the applicant must demonstrate at least five years of advanced work in the field that they are seeking employment through the visa.
While the EB-2 visa is broken into a number of subcategories based on the experience and background of the applicant, all EB-2 visas do provide a pathway to legal permanent residence. Following approval of an EB-2, an applicant can begin the Adjustment of Status process for a green card.
Visa Requirements: EB-2(A)
The EB-2(A) is the most common avenue for application of EB-2 visas; it requires an advanced degree or a bachelor’s degree plus five years of experience in the chosen field. In addition, they must be able to show that a US firm has demonstrated interest in employing them in the relevant field.
Visa Requirements: EB-2(B)
EB-2(B) visas are awarded based upon exceptional ability. This ability is considered to be superior even to those normally employed in the sciences or arts, and it must be demonstrated in multiple ways during the application process. For example, applicants must submit their educational background, proof of ten years of employment in the relevant field, and can strengthen their case by proving affiliation with professional organizations, endorsements from government bodies, and any other supplementary documentation that demonstrates their ability.
Visa Requirements: EB-2(C)
The EB-2(C) is most often referred to as the “national interest waiver,” and it exists to allow petitioning applicants to prove that their employment will benefit the United States’ national interest. An example of a national interest application might be a cancer researcher seeking to do work in the US. This petition requests that USCIS approve the visa while dismissing the need for the employment history portion of the normal application.
Reach Out To An Experienced Immigration Attorney
If you are considering an employment-based visa to do work in the United States, understanding your options and ensuring that you have everything you need for an application can be challenging. The Law Offices of Kermit A. Monge can assist you in crafting a complete and compelling petition to give you the best chances of success in seeking a visa to enter the United States. Call us at 571.559.7229 or request a consultation online.