EB2 Visa

One of the employment-based immigration categories that grants permanent residency (Green Card) in the United States is the EB2 visa. This visa is a category aimed at professionals working in fields that require education, expertise, or exceptional ability.

From academics to engineers, from healthcare professionals to entrepreneurs, many qualified applicants can apply for a Green Card under this category. In the process of determining the appropriate EB2 category, building the application strategy, and correctly preparing the supporting documents, you can complete the process fully with Yıldız Law's consultancy.

What Is the EB2 Visa?

The EB2 (Employment-Based Second Preference) visa is the second-priority employment-based immigration category in the U.S. immigration system. This category grants the opportunity to obtain a Green Card to individuals with advanced academic qualifications, or to professionals who can demonstrate exceptional ability in science, the arts, or business.

EB2 aims to bring into the country qualified individuals who can contribute to the U.S. economy, scientific development, healthcare system, or technological advancement. If the application is approved, the applicant, their spouse, and their unmarried children under the age of 21 can obtain permanent residency.

What Is the Difference Between the EB1 and EB2 Visa?

The EB1 visa is for individuals who have achieved extraordinary accomplishments at a national or international level in science, the arts, education, sports, or business; for distinguished academics; and for executives of multinational companies. The EB2 visa, on the other hand, covers professionals with advanced academic education and individuals who can demonstrate expertise or exceptional ability in certain fields.

Generally, the EB1 category expects a higher level of achievement, skill, and recognition from the applicant. In the EB2 category, education, experience, and expertise in the relevant field are more decisive.

That said, some applicants may meet both the EB1 and the EB2 NIW criteria. In particular, academics, researchers, engineers, doctors, and professionals working in the technology field can evaluate which category is more advantageous based on their career history, publications, projects, awards, and professional qualifications.

Types of EB2 Visa

EB2 visa types refer to the categories that suit the applicant's education status, career history, and professional achievements, if any. Accordingly, the EB2 types, which fall into two groups, and their scopes are as follows:

EB-2 Advanced Degree

The EB-2 Advanced Degree category is aimed at professionals with advanced academic qualifications. To apply under this category, one of the following requirements must be met:

• Holding a master's degree or a higher academic degree

• Holding a bachelor's degree plus at least 5 years of progressive professional experience

In this category, a job offer from a U.S. employer and the completion of the PERM labor certification process are generally required.

EB-2 Exceptional Ability

The EB-2 Exceptional Ability category is aimed at individuals who can demonstrate above-average expertise and competence in science, the arts, or business. The applicant must prove their exceptional ability with various documents supporting their professional achievements, educational background, experience, and expertise in their field.

EB-2 NIW – National Interest Waiver

The National Interest Waiver (NIW) is not a separate subcategory of the EB2 visa, but rather a special waiver granted to applicants evaluated under the EB-2 Advanced Degree or EB-2 Exceptional Ability categories.

If the applicant can demonstrate that the work they carry out will make a significant contribution to the national interests of the U.S., they may be exempted from the employer sponsorship and PERM labor certification requirements. When evaluating NIW applications, USCIS assesses whether the work being carried out has substantial merit and national importance, whether the applicant is well positioned to advance this work, and whether waiving the job offer/PERM requirement would benefit the United States. Eligible applicants can file the Form I-140 petition on their own behalf. Those who can obtain a waiver under the EB-2 NIW generally include:

• Academics

• Researchers

• Engineers

• Doctors

• Healthcare professionals

• Technology specialists

• Entrepreneurs

• Professionals and occupational groups working in fields such as artificial intelligence, energy, defense, and sustainability

What Are the EB2 Visa Application Requirements?

The requirements sought in EB2 applications may vary according to the chosen category. In general, the following criteria are expected to be met:

• Having advanced academic qualifications or documenting exceptional ability

• Being able to document education and professional experience (diplomas, transcripts, professional certificates, work experience documents, job descriptions, and reference letters)

• Meeting the specific requirements of the chosen category (the EB-2 Advanced Degree category requires a master's degree or a bachelor's degree plus at least 5 years of progressive professional experience, while the EB-2 Exceptional Ability category requires additional evidence demonstrating the applicant's expertise in their field)

• Having the qualifications or expertise related to the work or activity to be performed in the U.S.

• Being compliant with U.S. immigration law (the applicant must be admissible from an immigration standpoint and must not have serious immigration violations or legal situations that could bar the application)

• Submitting the required application forms and supporting documents completely (accurate and complete preparation of all relevant application documents, primarily Form I-140)

For an NIW application, you must additionally provide concrete proof of the contribution the relevant work will make to the national interests of the U.S.

What Documents Are Required for the EB2 Visa?

The documents requested in EB2 applications may vary according to the applicant's profile and the subcategory to which they apply. In general, USCIS requests that the following documents be prepared:

• A valid passport

• An up-to-date résumé (CV)

• Diplomas and transcripts

• Employment documents showing professional experience

• Reference letters

• A professional competency certificate or certifications

• Academic publications or scientific works for academics

• Award and achievement documents (related to education or work life)

• Job offer documents, if required

• PERM documents, if requested

• Form I-140

• Documents related to application fees

For NIW applications, along with these documents, project outputs, publications, citation records, industry contributions, and expert opinions demonstrating the importance of the person's work for the U.S. may also be included in the file.

How Is the EB2 Visa Obtained?

After you meet the relevant requirements and obtain the requested documents, the EB2 visa application process begins. Although the process varies according to the category applied for, the following stages are generally followed:

• Determining the appropriate EB-2 category

• Preparing education, experience, and achievement documents

• Completing the PERM process, if required

• Submitting Form I-140

• Evaluation of the I-140

• Moving on to the Green Card stage

• Filing a change of status application via Form I-485 if within the U.S.

• Completing consular procedures if outside the U.S.

• Completing the security checks and medical examination processes

• Receiving Green Card approval

Determining the path to follow during the application process in a way that suits your personal and educational-professional profile prevents unnecessary loss of time.

In this process, by choosing Yıldız Law's visa consultancy, you can get answers to the questions on your mind and complete the process with a faster and more comprehensive application file. You can contact us for the necessary details.

What Are the Advantages of the EB2 Visa?

The EB2 visa opens the door for qualified professionals, academics, and talented individuals to work and live in the U.S. If the application is approved, it offers various advantages not only in terms of the right to work but also in terms of long-term career and life planning.

• Since the EB2 visa falls within the immigrant visa category, it grants the applicant permanent residency (Green Card).

• It allows the spouse and children to be included in the application.

• After the Green Card is approved, the person obtains the right to work throughout the U.S. without being bound to a specific employer.

• It provides an immigration status suitable for a citizenship application.

• In the NIW category, employer sponsorship may not be required.

• In some cases, it can offer more flexibility in changing jobs and planning a different career path.

• It provides access to different academic and professional career opportunities.

In short, with the EB2 visa you can make long-term plans regarding education, career, investment, and family life, and move forward with confident steps toward a stable future in America.

Frequently Asked Questions About the EB2 Visa

Who Is the EB2 Visa Granted To?

The EB2 visa can be granted to professionals with an advanced academic degree, to individuals who can demonstrate exceptional ability and skill in science, the arts, or business, and to EB-2 NIW applicants who meet certain requirements. Academics, engineers, doctors, researchers, technology specialists, entrepreneurs, and professionals specialized in various sectors are evaluated under this category.

Is It Difficult to Obtain the EB2 Visa?

The EB2 visa requires meeting certain education, experience, and expertise criteria. Therefore, if you are going to apply for this visa, you are expected to have proven achievements, qualified professional experience, and objectives and qualifications sufficient to contribute to the national interests of the U.S. as specified within the scope of the visa. Especially in NIW applications, you must concretely set out how you intend to contribute to the objectives specified by the U.S.

How Long Does It Take to Get the EB2 Visa?

The time it takes for an EB2 application to conclude varies according to the category applied for, USCIS processing workload, whether the PERM process is required, whether additional documents are requested, and how the Green Card procedures are carried out. In addition, the evaluation of the I-140 petition may take longer than a few months.

For applications where Premium Processing service is available, USCIS places the I-140 petition into an expedited review process for a fee and completes the evaluation within the designated time. However, it would not be accurate to give a definite completion time for the entire Green Card process.