The US EB-2 Visa was created by the ‘Immigration Act of 1990’. It is an employment based immigration visa category. It is one of the easiest passage for the foreign educated professionals to acquire employment based Green Card (Permanent Residence) for the US.
The visa category is especially developed for foreign professionals who have completed an advance degree and professionals with ‘exceptional ability’ in any of the following fields, namely, arts, business or science. To qualify, applicant needs to have a valid job offer from the employer in the US along with a labor certification issued by the Department of Labor (DOL).
Labor Certification procedure is implemented to protect both the local professionals and the labor market to make sure that the foreign professionals, trying to obtain immigrant visa, are by no means displacing the qualified local professionals.
EB-2 Visa has three sub categories such as:
EB-2(A) Advanced Degree: This sub category is especially designed for foreign professionals who have acquired a ‘advanced degree” such as Master’s or PHD and have a job offer from a employer in the nation along with a equivalent Bachelor’s Degree with five years of work experience in the related field. However, not all advance degree are eligible to qualify. The occupations can be engineers, surgeons, lawyers.
EB-2(B) Exceptional Ability: This sub category is for foreign professionals with ‘exceptional ability’ in field, such as business, arts or science with a valid job offer from an employer in the US.
EB-2(C) National Interest Wavier: The last sub category is for foreign professionals with either exceptional ability, or who have an advance degree, with ability to benefit the country’s national interest, can also file a self petition. It is similar to exceptional ability but requests that the labor certification should be waived considering the national interests.
Once you have successfully acquired the tedious Labor Certification, your employer has to file an I-140 immigrant petition with the United States Citizenship and Immigration Services (USCIS) on your behalf. One reason why a certified Labor Certification is required is to check if the employer has the financial ability to pay the pay salary of the employee as mentioned in the Labor Certification application. Before the priority date is set, the employer must be able to prove his financial ability and that he will continue to pay till the time beneficiary applicant obtains the PR.
Family members of the EB-2 Visa Holders
You can bring along your defendant family members, i.e., your spouse or common-law partner and children below the age of 20. One can get an entry in the US by obtaining a visa under E-21 and E-22 immigration category. While processing your and your families’ application for Permanent residence (Green Card), your spouse is eligible to submit a petition to acquire Employment Authorization Document (EAD).