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EB2 Visa: Employment-Based Immigration for Professionals and Exceptional Ability

Group of business professionals collaborating on an EB2 visa application.

Welcome to Oliveira Lawyers, your trusted partner for immigration services in the United States. Our dedicated team specializes in assisting professionals and employers in navigating the intricate process of securing an EB2 Visa. If you have an advanced degree or exceptional abilities that contribute to the U.S. economy, you are in the right place.

You’ve arrived at the most comprehensive guide on the EB2 Visa, carefully designed for professionals pursuing permanent residency in the United States. This visa category enables individuals with advanced degrees, including master’s or PhDs, or with exceptional abilities in their field, to work and thrive in one of the most dynamic economies in the world. Moreover, the EB2 Visa serves as a gateway to permanent residence, providing qualified individuals with long-term career growth and stability.

EB2 Visa in the US
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What is an EB2 Visa?Business professional writing notes during an EB2 visa application preparation.

The EB2 Visa, an immigrant visa, allows U.S. employers to sponsor foreign professionals with advanced degrees or exceptional ability in their field. This visa targets individuals with expertise in fields such as business, science, and the arts, helping fill positions that require higher levels of knowledge and skills. The EB2 Visa provides a pathway to permanent residency (a green card) for qualified foreign workers, making it a valuable option for both the employees and U.S. employers.

Definition and Purpose of the EB2 Visa

The EB2 Visa facilitates the entry of highly skilled foreign workers into the U.S., specifically for roles requiring advanced degrees or exceptional ability. This visa is designed to attract professionals who can make substantial contributions to the U.S. economy and workforce. Common professions under the EB2 category include engineers, doctors, researchers, and university professors. By offering this visa, the U.S. aims to bridge skill gaps in high-demand industries.

Eligibility Criteria for the Petitioner and the Beneficiary

Both the U.S. employer (petitioner) and the foreign worker (beneficiary) must meet specific requirements to qualify for the EB2 Visa.

U.S. Employer Petitioner:

  • The employer must file a PERM labor certification with the U.S. Department of Labor (DOL), proving that no qualified U.S. worker is available for the position and that hiring the foreign worker will not negatively impact U.S. wages.
  • After the PERM approval, the employer files Form I-140 with the U.S. Citizenship and Immigration Services (USCIS) to petition for the foreign worker’s permanent residency.

Advanced Degree or Exceptional Ability Requirement:

  • The beneficiary must possess an advanced degree (master’s or higher) or show exceptional ability in their field. Exceptional ability is demonstrated through a high level of expertise significantly above what is ordinarily encountered in the field.
  • Typical EB2 positions include research scientists, medical professionals, and high-level engineers.

Educational Qualifications:

  • The beneficiary must hold at least a master’s degree, or in cases of exceptional ability, must present evidence such as awards, certifications, or significant accomplishments in their field.
  • Foreign degrees must be evaluated to ensure they meet U.S. educational standards.
 

Supporting Documentation for the EB2 Visa

  • Both the employer and the beneficiary must submit detailed documentation to support the EB2 Visa petition.

Required Documents from the Employer:

  • PERM Labor Certification: Verification from the Department of Labor ensuring there is no qualified U.S. worker for the role.
  • Form I-140 Petition: Submitted to USCIS, outlining the role and the foreign worker’s qualifications.
  • Job Offer Letter: Clearly stating the employment terms, including salary and job responsibilities.

Required Documents from the Beneficiary:

  • Degree Certificates: Copies of diplomas, transcripts, and credential evaluations to confirm educational qualifications.
  • Proof of Exceptional Ability (if applicable): Evidence such as awards, professional memberships, or recognitions in the field.
  • Passport and Identification Documents: Valid passport and prior U.S. immigration documentation, if any.

Legal Status and Compliance:

  • The beneficiary must comply with all U.S. immigration laws during the process. If the visa is denied or expired, the individual must return to their home country or pursue alternate visa or residency options.

Importance of Demonstrating Eligibility and Compliance

To successfully obtain an EB2 Visa, both the employer and the beneficiary must clearly document their eligibility and comply with all regulations. The documentation must be comprehensive to avoid potential delays or denials.

Key Factors to Strengthen the Application:

Salary Requirements: Employers must offer competitive wages comparable to those offered to similarly qualified U.S. workers.

Educational and Professional Credentials: Beneficiaries must submit thorough documentation proving advanced degrees or exceptional ability in their field.

Clear Job Description: The job must meet the criteria for positions requiring an advanced degree or exceptional ability.

Challenges and Solutions for EB2 Applicants

Navigating the PERM Process: The labor certification process can be lengthy and requires proving that no qualified U.S. worker is available for the job. Employers should prepare in advance by conducting a thorough recruitment effort and documenting their attempts to find U.S. workers.

Managing Documentation: Gathering and submitting comprehensive documents is crucial for EB2 applicants. Both the employer and the beneficiary should ensure that all paperwork is organized and submitted accurately to avoid delays in processing.

Visa Pathways and Green Card Sponsorship: The EB2 Visa is a common pathway to U.S. permanent residency. Many EB2 visa holders eventually transition to green card status, making it important to maintain valid status throughout the process.

By carefully meeting the eligibility requirements and providing thorough documentation, EB2 applicants can increase their chances of success. Both the employer and the beneficiary should collaborate closely to ensure all necessary steps are completed and potential challenges are addressed promptly.

EB2 Visa in the US
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Benefits of the EB2 VisaProfessional woman traveling with luggage, representing EB2 visa holders' travel.

The EB2 Visa offers significant advantages for foreign professionals seeking employment and residency in the United States. Designed for individuals with advanced degrees or exceptional abilities, the EB2 Visa facilitates the pursuit of career opportunities while opening the door to long-term U.S. residency. Below are the key benefits of the EB2 Visa:

Rights and Privileges of EB2 Visa Holders

The EB2 Visa is highly valued for the range of rights and privileges it grants to qualified professionals and their families:

Entry to the United States: The EB2 Visa allows professionals with advanced degrees or exceptional abilities to enter the U.S. legally and work in specialized fields. This visa category is employment-based, requiring sponsorship from a U.S. employer, unless the applicant qualifies for the National Interest Waiver (NIW).

Pathway to Permanent Residency: As a permanent visa category, the EB2 Visa provides direct access to a Green Card. Approved applicants and their immediate family members (spouse and children under 21) receive lawful permanent residency, offering stability and the potential to pursue U.S. citizenship.

Work Authorization: EB2 Visa holders enjoy full work authorization in their field of expertise. Unlike temporary visas, such as the H1B Visa, the EB2 Visa grants the flexibility to work without restrictions tied to specific employers after permanent residency is secured. This offers career mobility and professional growth opportunities.

Transition to Permanent Residency (Green Card) through EB2 Visa

The EB2 Visa serves as a direct pathway to permanent residency, with the following key advantages:

Sponsorship for a Green Card: Employers can petition for professionals who qualify under the EB2 category, typically requiring an advanced degree or demonstrating exceptional ability. This sponsorship process is a fundamental step toward securing a Green Card, enabling foreign workers to transition to permanent U.S. residency.

National Interest Waiver (NIW): Some applicants may bypass the need for employer sponsorship by filing under the National Interest Waiver. This option is available to those whose work benefits the United States, allowing them to self-petition for a Green Card. The NIW offers more independence by eliminating the requirement of a job offer.

Work Authorization for EB2 Visa Holders

The EB2 Visa allows professionals to work freely in the United States under certain conditions:

Specialized Employment Fields: EB2 Visa holders typically work in industries requiring advanced degrees or exceptional skills, including technology, healthcare, finance, education, and engineering. The qualifications ensure that individuals possess the expertise needed to meet high-demand job requirements in the U.S.

Employment for Dependents: EB2 Visa holders can bring their spouse and children under 21 to the U.S. as lawful permanent residents. Spouses receive work authorization, giving them the freedom to pursue employment opportunities across various sectors. This benefit ensures financial stability for the family while living in the U.S.

Duration and Renewal of the EB2 Visa

The EB2 Visa provides long-term residency, but there are processes for maintaining or extending status:

Permanent Residency with No Expiration: Once approved, EB2 Visa holders receive a Green Card, granting indefinite residency in the U.S. There is no requirement to renew the visa as long as the resident maintains lawful status. This provides stability for both the individual and their family.

Transition to U.S. Citizenship: After five years as a lawful permanent resident, EB2 Visa holders may apply for U.S. citizenship. This path enables individuals to enjoy the full benefits of citizenship, including voting rights and greater employment flexibility.

Changing Employment under the EB2 Visa

The EB2 Visa offers flexibility for individuals seeking to change employers:

Freedom to Change Employers after Green Card Approval: Once an EB2 Visa holder secures permanent residency, they can change jobs without restrictions, provided they continue working in a field aligned with their qualifications. This flexibility supports professional growth and the pursuit of better opportunities.

The EB2 Visa is a valuable tool for professionals with advanced degrees or exceptional abilities. It offers not only the right to live and work in the U.S. but also provides a direct route to permanent residency. Through its flexibility and long-term benefits, the EB2 Visa facilitates the integration of global talent into the U.S. economy while allowing individuals and families to establish their future in the United States.

EB2 Visa RequirementsCompleted EB2 visa application form, symbolizing the visa application process.

To apply successfully for an EB2 Visa, it’s important to understand the key eligibility criteria. The EB2 Visa is tailored for professionals holding advanced degrees or possessing exceptional abilities who wish to work in the United States. This visa category requires both the foreign national and the U.S. employer (if applicable) to meet specific qualifications. Supporting documentation is essential for proving eligibility and must be submitted along with the visa petition. Below, we will outline the critical requirements and necessary documents for a successful EB2 Visa application.

Detailed List of Requirements for the EB2 Visa Employer (Petitioner)

  • Must offer a position requiring an advanced degree (master’s or higher) or equivalent in a field relevant to the role. In some cases, a bachelor’s degree combined with five years of progressive work experience may also suffice.
  • Must submit a PERM Labor Certification to the U.S. Department of Labor, demonstrating that there are no qualified U.S. workers available for the position.
  • Must file Form I-140, Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS), on behalf of the foreign worker.
  • Must prove the foreign national’s position is permanent and in a field related to their advanced degree or exceptional ability.

Detailed List of Requirements for the EB2 Visa Beneficiary (Applicant)

  • Must possess an advanced degree (master’s or higher) or the equivalent, such as a bachelor’s degree and five years of progressive experience in the relevant field.
  • Must have a permanent job offer from a U.S. employer in the field requiring their advanced degree or exceptional ability.
  • Must demonstrate exceptional ability in their field of expertise if applying under the “exceptional ability” category.
  • Must provide evidence of meeting the qualifications and experience requirements for the offered position.
  • Must demonstrate intent to work in the field of expertise in the U.S. for the employer or in the case of a National Interest Waiver (NIW), show that their work will benefit the U.S.

Necessary Documentation for the EB2 Visa Application

To support your EB2 Visa application, you will need to submit several documents that verify your qualifications and eligibility. Below is a detailed list of required documents:

Form I-140: The U.S. employer must complete and file the Immigrant Petition for Alien Worker (Form I-140) on behalf of the applicant. For NIW cases, the applicant may self-petition by filing Form I-140 themselves.

PERM Labor Certification: The U.S. employer must obtain an approved PERM Labor Certification from the U.S. Department of Labor, demonstrating that hiring the foreign worker will not negatively affect U.S. workers’ wages and conditions. This is not required for NIW cases.

Educational Qualifications: The applicant must provide proof of their academic credentials, such as an advanced degree or its equivalent. This includes:

  • University transcripts
  • Diplomas and certifications
  • Educational equivalency evaluations (for foreign degrees)

Proof of Job Offer: Documentation of the permanent job offer, such as an employment contract or a detailed offer letter outlining job duties, salary, and responsibilities.

Evidence of Exceptional Ability (if applicable): This may include letters from employers, awards, publications, or other significant contributions to the field.

Immigration Status Documentation (if already in the U.S.): The applicant should provide copies of current immigration documents, such as their visa, I-94, or work authorization, if applicable.

Medical Examination and Background Check Requirements

Although the EB2 Visa application process does not usually require a medical examination upfront, the applicant will undergo a medical exam at a later stage during the green card process. Additionally, they must pass required background checks, which may include:

  • Police certificates from their country of residence.
  • Evidence of no criminal record or any issues that would render the applicant inadmissible to the United States.

Ensuring you meet the eligibility standards and submit all necessary documentation accurately is critical for a successful EB2 Visa application. Proper preparation of all forms and supporting documents, from academic credentials to proof of exceptional ability, will significantly increase the likelihood of a smooth process. Each requirement, from the job offer to educational proof, must be addressed thoroughly to ensure success in obtaining an EB2 Visa.

EB2 Visa in the US
How To Get Started

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#1  Contact us to get a free quote, or
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EB2 Visa Application ProcessChecklist of completed steps for an EB2 visa application.

Navigating the EB2 Visa application process may seem complicated, but understanding the essential steps can make the experience more straightforward and manageable. This section offers a detailed guide to help you meet the necessary requirements and successfully complete the EB2 Visa process.

Step-by-Step Guide to the EB2 Visa Application Process

1. Labor Certification (PERM) and Form I-140 Petition

  • Complete the PERM Process: The U.S. employer must file a Program Electronic Review Management (PERM) application with the Department of Labor (DOL). This process ensures no qualified U.S. workers are available for the job and hiring a foreign worker will not affect the wages of U.S. employees negatively.
  • Submit Form I-140, Immigrant Petition for Alien Worker: After receiving the approved PERM certification, the employer must complete Form I-140. This form establishes that the foreign worker qualifies for the EB2 category, which may include advanced degree professionals or individuals with exceptional abilities.
  • Gather Supporting Documents: Relevant documents include the job offer letter, evidence of the foreign worker’s qualifications (degrees, certifications), and any required professional licenses. If applying under exceptional ability, additional documentation, such as proof of significant achievements or industry recognition, must be provided.
  • Submit the Petition to USCIS: Once the petition is complete, it must be sent to the appropriate USCIS service center along with filing fees.

2. USCIS Review and Approval

  • Notice of Receipt: Upon receiving the I-140 petition, USCIS will issue a Notice of Receipt (Form I-797C).
  • Processing Time: USCIS may take several months to review the petition. If more information is needed, they will issue a Request for Evidence (RFE), which requires a timely response.
  • Notice of Approval: If approved, USCIS will issue a Notice of Approval (Form I-797). This approval allows the foreign worker to proceed to the next step in the visa application.

3. National Visa Center (NVC) Processing

  • Case Number Assignment: The approved petition will be forwarded to the National Visa Center (NVC), which assigns a case number and prepares it for transfer to the U.S. Embassy or Consulate.
  • Provide Additional Documentation: If the NVC requests more documentation, applicants must respond promptly to avoid delays.

4. Visa Interview at the U.S. Embassy or Consulate

  • Schedule the Interview: The applicant must schedule an interview at the U.S. Embassy or Consulate in their home country.
  • Medical Examination: A medical exam by a certified physician may be required based on the specific Embassy or Consulate’s procedures.
  • Prepare Documents: Required documents include the approved I-140 petition, passport, evidence of qualifications, and proof of job offer.
  • Attend the Interview: A consular officer will review the documents and ask questions regarding the applicant’s qualifications and job role. If approved, the EB2 Visa will be issued.

5. Entry to the U.S. and Work Authorization

  • Travel to the U.S.: Once the EB2 Visa is issued, the beneficiary can enter the U.S. and begin working.
  • Work Authorization Compliance: The foreign worker must only work for the sponsoring employer. A new I-140 petition will be required if changing employers.

6. Adjustment of Status or Consular Processing

  • File for Adjustment of Status (AOS): If the foreign worker is already in the U.S. under a different status, they may apply for Adjustment of Status (Form I-485) to become a permanent resident.
  • Submit Supporting Documents: Updated documents showing the job offer’s continuation and the worker’s eligibility must accompany the AOS application.
  • Consular Processing (if applicable): If outside the U.S., the applicant will follow consular processing procedures at the assigned Embassy or Consulate.

7. Extension of Stay or Change of Employer

  • Apply for Extension (if needed): If the EB2 Visa holder’s job requires them to stay beyond the initial period, the employer must apply for an extension.
  • File a New Petition for Employer Change: A new I-140 petition is required if the foreign worker wishes to change employers.

Timeline and Processing Times

The EB2 Visa application process varies depending on individual circumstances. Below is an estimated timeline for the entire process:

  • PERM Process: 6-12 months (depending on case complexity)
  • USCIS Processing: 4-8 months
  • NVC and Visa Interview: 1-2 months
  • Total Time: 12-24 months (processing times may vary)

By following these steps and ensuring all required documentation is accurate, applicants can streamline the EB2 Visa process and enhance their chances of approval.

Common Challenges and How to Overcome ThemWoman looking concerned, symbolizing the challenges of an EB2 visa application.

Applying for an EB2 Visa requires meticulous preparation, as it involves meeting strict eligibility requirements and compiling comprehensive documentation. Applicants often face multiple challenges during the process. Understanding these potential obstacles and taking steps to overcome them can significantly improve your chances of obtaining the EB2 Visa. This section explores the most common challenges in the EB2 Visa process and provides practical solutions to address them effectively.

Common Issues Faced During the EB2 Visa Application Process

1. Meeting the National Interest Waiver (NIW) Requirements

Challenge: The National Interest Waiver (NIW) is an option for EB2 applicants to bypass the job offer and labor certification requirements by proving that their work benefits the U.S. national interest. However, demonstrating this benefit can be difficult, as the criteria are subjective and require extensive evidence.

Solution: Develop a well-structured petition explaining how your expertise contributes to U.S. economic growth, health, or technology. Provide letters of recommendation from industry leaders and include evidence of significant contributions to your field. Collaborate with an immigration attorney to ensure your petition aligns with USCIS standards for the NIW.

2. Labor Certification Process (PERM)

Challenge: Most EB2 applicants require an approved labor certification through the PERM process, proving that no qualified U.S. worker is available for the job. This can be time-consuming and may lead to delays if errors occur during recruitment or documentation.

Solution: Work closely with your employer to follow Department of Labor (DOL) guidelines during recruitment. Ensure that job advertisements accurately reflect the role and required qualifications. Double-check all documents before submission to avoid delays or denials during the certification process.

3. Proving Exceptional Ability or Advanced Degree

Challenge: The EB2 Visa requires applicants to possess either an advanced degree or exceptional ability in their field. Meeting the standards for “exceptional ability” can be difficult, particularly for professionals without formal U.S. degrees.

Solution: Include diplomas, transcripts, and degree equivalency evaluations for foreign qualifications. If applying based on exceptional ability, submit substantial evidence, such as professional awards, publications, or licenses, that demonstrate your expertise. Collect reference letters from credible sources to validate your achievements and experience.

4. Documentation Errors and Omissions

Challenge: Missing or incorrect documentation is a common reason for EB2 Visa rejections or delays. Given the complexity of the application, it is easy to overlook essential paperwork.

Solution: Prepare a detailed checklist of required documents, including labor certification (if applicable), educational credentials, letters of recommendation, and proof of achievements. Review your petition multiple times to ensure accuracy. Consulting with an immigration attorney can further reduce the risk of errors.

5. Delays in Processing Times

Challenge: The processing times for EB2 Visa applications can vary depending on the service center, leading to uncertainty for applicants. Delays may disrupt employment plans or affect travel arrangements.

Solution: Monitor the status of your petition through the USCIS website. Ensure that all forms and supporting documents are correctly completed to minimize delays. If your case is time-sensitive, explore premium processing services to expedite the adjudication process.

Tips for Strengthening Your EB2 Visa Application

1. Provide Comprehensive Educational and Professional Documentation

Submit copies of all diplomas, transcripts, and professional certifications. If your education was completed outside the U.S., include an equivalency evaluation to demonstrate that your degree meets U.S. standards. Attach letters from previous employers detailing relevant work experience to support your application.

2. Include Detailed Job Offer Letters (if applicable)

If applying under the standard EB2 category, ensure that the job offer letter clearly outlines your position, responsibilities, and salary. It should also demonstrate how your qualifications align with the job requirements and meet EB2 criteria.

3. Prepare a Well-Organized NIW Petition

For NIW applicants, provide a detailed petition explaining how your work benefits the national interest. Support your claim with letters of recommendation, professional publications, and documentation of significant contributions in your field.

4. Obtain Labor Certification Documentation

Ensure your employer follows the PERM process precisely and provides the certified labor application along with the petition. Verify that the offered salary meets or exceeds the prevailing wage in the area of employment.

5. Include Supporting Letters and Professional Achievements

Submit letters of support from employers, industry leaders, or academic institutions, emphasizing your qualifications and achievements. Include awards, publications, or memberships in professional organizations to strengthen your case.

Addressing Employer Sponsorship and Employment Requirements

1. Employer’s Role in the EB2 Petition Process

Ensure your employer understands the requirements involved in filing an EB2 petition, including completing the labor certification process if needed. They must provide accurate information about wages and working conditions to avoid complications.

2. Changes in Employment Conditions

Report any changes to your job title, responsibilities, salary, or work location to USCIS promptly, as these may require an amended petition. Keeping your petition updated ensures that your visa remains valid under the new circumstances.

3. Extensions or Portability of the EB2 Visa

EB2 Visa holders can apply for extensions or transfer their status to a new employer. Start the process well before the expiration date to avoid disruptions. Submit updated employment evidence and confirm compliance with visa conditions to facilitate a smooth transition.

By addressing these challenges proactively and submitting a complete, well-prepared application, you can increase your chances of successfully obtaining the EB2 Visa. Staying organized, following USCIS guidelines, and maintaining open communication with your employer throughout the process are essential for avoiding delays and ensuring a positive outcome.

EB2 Visa in the US
How To Get Started

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Post-Arrival Steps for EB2 Visa HoldersHappy woman holding an American flag, celebrating EB2 visa approval.

Once approved for an EB2 Visa and admitted to the U.S., it is essential to complete several key steps to maintain legal status and leverage the benefits associated with this employment-based visa. This guide will walk you through important post-arrival actions, including initiating employment, securing your Social Security Number (SSN), ensuring compliance, and planning for future transitions. Following these guidelines will help EB2 visa holders remain in good standing and fully capitalize on professional opportunities in the U.S.

Employment Initiation for EB2 Visa Holders

1. Starting Employment

Requirement: Begin work with the employer who sponsored your EB2 visa. If you wish to change employers or job roles, ensure compliance by filing a new or amended petition.

Documentation: Provide your employer with the EB2 visa approval notice (Form I-797) and present your passport with the valid visa stamp.

Compliance with Employment Terms: Follow the job description detailed in the original visa petition to avoid violations of visa terms.

Applying for a Social Security Number (SSN)

2. How to Apply for an SSN

Visit the Social Security Office: Shortly after arrival, visit a local Social Security office to apply for an SSN, which is essential for employment and financial transactions.

Required Documents: Bring your EB2 visa, passport, Form I-94 (Arrival/Departure Record), and an employment offer letter from your sponsoring employer.

3. Benefits of an SSN

Legal Employment: Employers require an SSN for wage payments and tax processing.

Financial Activities: An SSN is necessary to open bank accounts, apply for loans, and file taxes.

Ensuring Legal Compliance and Status

4. Adhering to Visa Terms

Authorized Stay: The EB2 visa allows for permanent residence status upon successful adjustment. Maintain alignment with your employment terms to avoid visa violations.

Renewal of Employment Authorization: While EB2 is linked to permanent residency, renew employment authorization documents (EAD) as needed to avoid interruptions in legal status.

Amendments for Job Changes: Submit an amended petition if you change employers or experience significant role modifications.

5. Travel Considerations and Reentry

Valid Documentation for Travel: Ensure that your passport and visa remain valid for reentry into the U.S. after any international travel. Carry essential documents, including Form I-797 and your employment offer letter.

Reapplying for Visa Stamping: If your visa expires while abroad, visit a U.S. consulate to renew the visa before returning.

Applying for Permanent Residency

6. Initiating the Green Card Process

Form I-485 Adjustment of Status: File Form I-485 with the U.S. Citizenship and Immigration Services (USCIS) to adjust from EB2 visa status to permanent residency (Green Card).

Supporting Evidence: Submit supporting documents such as employment verification, pay stubs, and your I-140 petition approval.

Processing Time: Expect several months for processing. Premium processing may expedite specific stages of the application process.

Managing Dependents

7. Bringing Family Members

Eligible Dependents: Spouses and children under 21 are eligible for dependent visas. Their eligibility for work or education varies based on specific circumstances.

Required Documentation: Submit marriage or birth certificates along with your EB2 visa approval notice to apply for dependent visas.

Work Authorization: Spouses may apply for employment authorization if eligible, expanding financial opportunities for the family.

Preparing for Potential Challenges

8. Maintaining Visa Compliance

Ongoing Employment: Stay employed with your sponsoring employer to avoid visa violations. Unemployment or unauthorized work can jeopardize your visa status.

Document Management: Organize and update all relevant documents, including your I-797, employment agreements, and pay records.

9. Handling Denials or Requests for Evidence (RFE)

Responding to RFEs: If USCIS issues a Request for Evidence (RFE), respond promptly with all requested documentation.

Seeking Legal Counsel: If facing challenges with visa compliance or Green Card processing, consult an experienced immigration attorney.

Transitioning to Permanent Residency

10. Moving Toward a Green Card

Adjustment of Status (AOS): EB2 visa holders may apply for a Green Card through the adjustment of status process or consular processing.

Employer Collaboration: Work closely with your employer throughout the Green Card application process to meet deadlines and documentation requirements.

Exploring Other Green Card Options: If eligible, consider the EB1 or EB3 category for faster processing or better alignment with your qualifications.

By completing these essential steps and maintaining compliance with all visa requirements, EB2 visa holders can secure their legal status, achieve long-term career goals, and successfully transition to permanent residency in the U.S.

EB2 Visa in the US
How To Get Started

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#1  Contact us to get a free quote, or
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TestimonialsHappy couple giving thumbs up, representing success with the EB2 visa application.

Hearing from others who have successfully obtained the EB2 Visa can provide peace of mind and valuable insights for prospective applicants. This section presents real testimonials from clients who achieved their professional goals in the U.S. with our guidance. These stories highlight our unwavering commitment to top-quality service and the positive outcomes we consistently deliver.

Real Success Stories

Dr. Ana and Innovative Health Solutions

Dr. Ana, a talented biomedical engineer from Brazil, needed an EB2 Visa to bring her medical research and innovations to the U.S.

“The EB2 Visa application process was daunting, but Oliveira Lawyers made it seamless. They provided detailed guidance on meeting the National Interest Waiver (NIW) criteria and ensured my qualifications were presented effectively. Their expertise in preparing my petition led to a smooth approval process, and I’m now leading a research team in the U.S. I highly recommend their professional services!”

Eduardo and GreenTech Engineering Firm

Eduardo, an experienced civil engineer, aimed to expand his green technology engineering business to the U.S.

“Oliveira Lawyers supported me every step of the way, from drafting a compelling business proposal to meeting the stringent EB2 Visa criteria. Their meticulous attention to detail and deep understanding of the labor certification process made my application stand out. Today, I’m operating a successful firm in the U.S., thanks to their outstanding support!”

Sara and CreativeTech Solutions

Sara, an accomplished software developer, needed an EB2 Visa to establish a technology consulting business in the United States.

“Oliveira Lawyers helped me understand the eligibility requirements and drafted a robust petition that showcased my skills and business potential. Their proactive approach and continuous updates made the application process straightforward. Thanks to their legal acumen, I’m now running a tech firm in the U.S. and looking forward to further growth!”

How Our Services Make a Difference

Our experienced immigration attorneys and consultants provide expert support throughout the entire EB2 Visa process. From your initial consultation to final approval, we carefully manage every detail, ensuring a smooth and successful journey.

With a proven track record, we have assisted numerous professionals — from researchers to engineers — in securing EB2 Visas, enabling them to excel in their fields and thrive in the U.S. Our in-depth understanding of EB2 requirements ensures we maximize your approval chances while minimizing unnecessary delays.

Contact Us for Your EB2 Visa Needs

If you are considering applying for an EB2 Visa, let us help you make your aspirations a reality. Contact Oliveira Lawyers today to schedule a consultation and take the first step toward your successful EB2 Visa application.

Why Choose Oliveira Lawyers for Your EB2 Visa Application?Group of professionals celebrating success in the EB2 visa process.

Selecting the right immigration service provider ensures a smooth and successful EB2 Visa process. At Oliveira Lawyers, we bring unmatched expertise, tailored support, and a proven track record of success in handling complex visa cases. Here’s why we are the best partner for your EB2 Visa journey:

Expertise in EB2 Visa Applications

Specialized Knowledge:

Our experienced immigration attorneys and consultants focus on EB2 Visa applications, keeping current with evolving immigration laws and policies. We provide strategic legal solutions customized to meet the specific qualifications of advanced degree professionals and those with exceptional ability.

Comprehensive Services:

We guide applicants through the entire EB2 Visa process, offering eligibility assessments, National Interest Waiver (NIW) evaluations, document preparation, and petition submission. From your initial consultation to the final visa approval, every step is meticulously handled to enhance your chances of success.

Personalized Support for Every Client

We understand that every case is unique. Our personalized approach ensures that your career background, specialized skills, and professional aspirations are highlighted throughout the EB2 Visa process.

Dedicated Case Manager:

Each client receives a dedicated case manager as their main point of contact. Your case manager keeps you informed at every stage, answers your questions, and resolves any issues promptly to make the process smooth and stress-free.

Proven Track Record

High Success Rate:

Our extensive experience in immigration law allows us to maintain a high success rate for EB2 Visa approvals. We have successfully helped professionals in fields such as engineering, healthcare, academia, and business secure their visas and achieve their career goals in the United States.

Transparent Pricing Structure:

We maintain transparency in our pricing, with no hidden fees. Our competitive rates reflect the superior quality of service we offer. When you work with Oliveira Lawyers, you can expect exceptional value along with peace of mind throughout your visa journey.

Commitment to Your Success

Our proactive approach ensures that you stay well informed at every stage of the EB2 Visa process. We prioritize clear communication and keep you updated on important developments, helping you stay ahead of deadlines and requirements.

Post-Approval Support:

Our support extends beyond your EB2 Visa approval. We continue assisting with renewals, adjustments of status, and other immigration-related needs to ensure compliance with U.S. immigration laws during your stay.

Choosing Oliveira Lawyers for your EB2 Visa application means partnering with a team committed to your success. Contact us today to schedule a consultation and take the first step toward achieving your professional and career goals in the United States. Your trusted immigration partner is just a click away.

EB2 Visa in the US
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Frequently Asked Questions (FAQs) – EB2 Visa

FAQ speech bubble, answering questions about the EB2 visa process.

1. What is an EB2 Visa, and how does it work?

The EB2 Visa is an employment-based, second-preference visa that allows U.S. employers to sponsor foreign professionals who possess advanced degrees or exceptional abilities. This visa is specifically designed for individuals whose expertise benefits the U.S. economy, such as scientists, doctors, and engineers.

To apply, the employer must first obtain a labor certification from the U.S. Department of Labor (DOL) and submit Form I-140 (Immigrant Petition for Alien Worker) to the United States Citizenship and Immigration Services (USCIS). Upon approval, the EB2 visa holder can apply for permanent residency (Green Card) either through adjustment of status or consular processing.

2. Why should I apply for an EB2 Visa instead of other employment-based visas?

The EB2 Visa offers significant advantages over other visa types. Below are some key benefits:

  • Path to permanent residency: EB2 Visa holders can apply for a Green Card, offering long-term stability in the U.S.
  • Higher priority processing: The EB2 category generally receives faster processing compared to EB3 visas.
  • Eligibility for national interest waiver: Certain applicants can bypass the labor certification process if their work benefits the U.S. national interest.

Despite its stringent requirements, the EB2 Visa provides a strong path for professionals seeking permanent employment and residency in the U.S.

3. What are the eligibility requirements for an EB2 Visa?

To qualify for the EB2 Visa, applicants must meet one of the following criteria:

  • Advanced degree: A master’s degree or higher (or the equivalent of a bachelor’s degree plus five years of progressive work experience).
  • Exceptional ability: Demonstrated expertise in fields such as the sciences, arts, or business that significantly benefits the U.S. economy.

Applicants must also receive a valid job offer from a U.S. employer and ensure their petition aligns with the visa’s strict standards.

4. How long does it take to get an EB2 Visa approved?

The processing time for an EB2 Visa varies due to several factors, including whether the applicant is using a national interest waiver (NIW). Typical timelines include:

  • Labor certification: 6 to 12 months
  • USCIS petition approval: 6 to 9 months
  • Adjustment of status or consular processing: 8 to 14 months

Delays may arise from requests for evidence (RFE) or administrative processing. Collaborating with an immigration attorney ensures that your application remains on track and avoids unnecessary delays.

5. What documents are required for the EB2 Visa application?

Applicants must submit several essential documents to ensure their EB2 Visa application is complete:

  • Approved PERM labor certification (if required)
  • Form I-140, Petition for Alien Worker
  • Evidence of educational qualifications (diplomas, transcripts, etc.)
  • Employment offer letter from a U.S. employer
  • Proof of exceptional ability (if applicable)
  • Passport copies and visa photographs

Working with an attorney ensures that your documents are accurate and complete, reducing the risk of delays or rejections.

6. What happens if my EB2 Visa application is denied?

If your EB2 Visa application is denied, USCIS will provide a detailed explanation outlining the reasons. Common reasons for denial include:

  • Inadequate evidence of qualifications
  • Incorrectly filed forms or missing documents
  • Failure to meet labor certification requirements

If denied, you may reapply, file an appeal, or pursue a motion to reopen or reconsider the case. An experienced attorney can help you assess the denial and take appropriate action.

7. How much does it cost to apply for an EB2 Visa?

Below is a breakdown of typical EB2 Visa costs:

  • PERM labor certification filing fee: Free (but attorney fees may apply)
  • Form I-140 filing fee: $700
  • Premium processing fee (optional): $2,500
  • Attorney fees: $3,000 to $6,000, depending on the complexity of the case

Additional costs may include travel expenses and fees for dependents. Proper financial planning ensures a smoother application process.

8. Can I switch employers while my EB2 Visa is being processed?

Yes, you can change employers during the EB2 process, but certain conditions apply.

  • If PERM labor certification has been approved, the new employer must file a new I-140 petition.
  • If the adjustment of status process has begun, switching employers is possible under AC21 portability rules after 180 days.

To avoid jeopardizing your application, consult an immigration attorney before making employment changes.

9. What are common mistakes when applying for an EB2 Visa, and how can I avoid them?

Here are some frequent mistakes applicants make during the EB2 process:

  • Submitting incomplete or incorrect forms
  • Failing to meet the labor certification requirements
  • Providing insufficient evidence of qualifications
  • Missing application deadlines

You can avoid these pitfalls by working closely with an immigration attorney who ensures all requirements are met.

10. Why should I hire an attorney to assist with the EB2 Visa process?

An attorney plays a vital role in navigating the complexities of the EB2 Visa process:

  • Ensures your labor certification and visa petition are correctly filed
  • Helps respond to requests for evidence (RFE) or other inquiries from USCIS
  • Provides guidance during job transitions or case appeals
  • Assists with national interest waiver applications, if applicable

Investing in legal assistance increases your chances of success and ensures that your EB2 application proceeds smoothly.

By understanding the requirements and challenges of the EB2 Visa process, applicants can navigate the system efficiently. Whether pursuing permanent residency through employment or applying for a national interest waiver, the EB2 Visa offers a promising path to achieving your professional goals in the U.S.