EB-2 Immigrant Visa

The EB-2 visa is an immigrant visa category for individuals with advanced degrees or exceptional ability in their field, allowing them to live and work permanently in the United States. Here are key aspects of the EB-2 visa:

• Eligibility Criteria: EB-2 visa applicants must demonstrate either exceptional ability in their field or have an advanced degree (or equivalent) and a job offer from a U.S. employer.
• Exceptional Ability: Applicants with exceptional ability must show significant achievements and recognition in their field, which can be evidenced by awards, publications, membership in professional associations, or other forms of recognition.
• Advanced Degree: Applicants with an advanced degree must possess a master's degree or higher (or equivalent) in a specific field that is relevant to their employment.
• Labor Certification: In most cases, EB-2 visa applicants require a labor certification from the U.S. Department of Labor (DOL) to demonstrate that there are no qualified U.S. workers available for the position.
• National Interest Waiver (NIW): Some EB-2 applicants may qualify for a national interest waiver, which waives the requirement for a job offer and labor certification if their work is deemed to be in the national interest of the United States.
• Priority Date: EB-2 visas are subject to annual numerical limits, so applicants may need to wait for their priority date to become current before they can apply for permanent residency.
• Green Card Process: Once the EB-2 petition is approved, applicants can apply for lawful permanent residency (green card) either through adjustment of status if they are already in the United States, or through consular processing if they are outside the country.
• Dependents: EB-2 visa holders' spouses and unmarried children under 21 years old may accompany them to the United States under the derivative E-21 and E-22 visa categories, respectively.
• Employment Mobility: EB-2 visa holders may change employers after obtaining their green card, as long as the new position is in the same or similar occupational category as the original job offer.

Navigating the EB-2 visa process can be complex, so applicants are advised to seek legal assistance to ensure they meet all eligibility criteria and submit a strong petition.