In addition to immigrant visas for family members and immediate relatives, the U.S. also issues visas to those who are allowed to work in the U.S. The EB visa is a visa that allows foreign nationals to work in the U.S. without a work permit. The EB visa allows foreign workers who find an employer willing to hire them to live permanently in the U.S. and work without a work permit.
Work-sponsored vises are capped at 140,000 per year, and are divided for five vises, which results in a waiting period for processing; beantworten the visa cap in a year beantworten the year of for for for it to be to be a the following year, and when the visa cap to be the decision of the by the by.
For this reason, individuals applying for employment-based visas must wait until their priority date has passed to immigrate to the United States.
What is the EB-2 visa?
The EB-2 visa (second preference worker visa) is a visa for three groups of people. These groups are as follows:
- Advanced Degree Holders – Individuals who have an advanced educational degree, such as a bachelor’s or master’s degree, and five years of experience in their field.
- Exceptional Abilities Holders – Individuals who have demonstrated exceptional ability and achievement in business, the arts, or the sciences.
- National Interest Waiver Eligible Individuals – Individuals who can demonstrate that working in the United States is in the national interest and in the national interest of the United States.
If you belong to one of these groups, you have a good chance of obtaining an EB-2 visa, which means that you will live permanently in the United States. You are required to pay all applicable taxes and comply with US laws. You are also allowed to travel in and out of the US, change jobs after a few years, and move between states. In addition, if you qualify, you can apply for U.S. citizenship and become a naturalized citizen.
Due to the limited number of employment-based visas issued each year, 28.6% of the 140,000 immigrant visas are allocated to EB-2 visas and the remainder to EB-1 visas. This means that 40,040 visas, plus the remaining EB-1 visas, will fall into the EB-2 visa category. Due to this small number, the waiting list for this visa is quite long.
What are the requirements for the EB-2 visa?
To qualify for an EB-2 visa, there are requirements that foreign workers and U.S. employers must meet In order to qualify as an Advanced Degree Holder, you must meet the following requirements:
- Provide academic proof of advanced education, such as a bachelor’s or master’s degree or U.S. equivalent.
- A letter from a previous employer verifying that you have five years of experience in your field since earning your bachelor’s degree
To qualify for recognition as an individual of exceptional ability or national interest waiver, three of the following criteria must be met:
- Present a diploma, certificate, or award demonstrating outstanding achievement in business, the arts, science, or another professional field
- Provide a letter from an employer verifying at least 10 years of full-time work experience in your field.
- Have a license or certificate that shows you are capable of performing professional work.
- Show that you earned a high salary in a previous job and that you have above average skills.
- Provide proof of membership in one or more professional organizations.
- Demonstrate that you have been recognized by your peers, professional organizations, or the government for your achievements and contributions in your field.
- If you have a national interest exemption, you must also demonstrate that your work benefits the U.S. government.
If you are a U.S. employer who wishes to hire an individual and sponsor that foreign worker for an EB-2 visa, you must meet the following requirements.
- Demonstrate that you must hire the foreign worker because you could not find an available, willing, or qualified U.S. worker.
- Certify that you will not discriminate against the foreign worker and will pay him or her the same wage you would pay a U.S. worker in the same position.
- Demonstrate that your company is financially stable and can afford to pay the foreign worker a salary.
How to apply for the EB-2 visa?
Applying for an EB-2 visa involves several steps involving both the employer and the foreign worker. The application process is divided into two parts
- The U.S. employer obtains a work permit and files the required application.
- If approved, the foreign employee applies for an EB-2 visa at the U.S. Embassy in his or her home country.
Application procedures from U.S employer
Getting the labor certification
A U.S. employer must first obtain a labor certification from the U.S. Department of Labor in order to hire a foreign worker. This is done by filing a Form ETA 750 with the DOL. By filing this form, the U.S. employer is stating that it has attempted to find a suitable U.S. worker for the position but has been unable to do so, and that the foreign worker will be paid the prevailing wage.
The form is processed by the DOL and the employer and employee are notified of the decision. If the certification is approved, the U.S. employer can proceed to the next step, but if the certification is denied, the foreign worker is not eligible for an EB-2 visa.
Filing the petition
In addition to the labor certification, the employer must file a petition with U.S. Citizenship and Immigration Services (USCIS). This is done by filing a Form I-140, Immigrant Petition for Alien Worker. The employer must also attach financial statements, audits, and tax returns to prove that the business is financially stable.
USCIS will process the petition and notify the employer. If approved, it will be sent to the National Visa Center (NVC). If denied, the U.S. employer cannot hire the foreign worker.
Once the case is submitted to the NVC, the NVC assigns a case number and a billing ID number. These documents are sent to the foreign worker’s home country as part of a package explaining how to file the application. However, because EB-2 visas are capped, NVC will not send this packet until the applicant’s priority date is up to date.
Application procedures from foreign worker
File Form DS-261, Choice of Address and Agent
The applicant or foreign worker must complete this form, which serves as the EB-2 visa application. This form will be processed by the U.S. Embassy or Consulate where you are applying.
Complete medical examination and vaccination
The NVC packet also includes requirements for medical examinations and immunizations that must be completed by the applicant. The applicant must complete the paperwork with a licensed physician and have it signed.
Compile the supporting documents file
After the NVC approves your DS-261 form, you must send supporting documentation for the case. This includes the following
- Passport (must be valid for at least 6 months from the date you plan to leave the U.S.)
- An offer of employment from a U.S. employer
- An approved certificate of employment
- An approved petition
- DS-261 Confirmation Page
- Signed medical certificate and proof of immunization
- Two photographs that meet the photo requirements for U.S. visas
- Academic records (diplomas and transcripts)
- Curriculum vitae
- Letters from previous employers
- If you are applying for a National Interest Waiver, you must demonstrate why your work is in the national interest of the United States.
- Court and criminal records
- In some cases, you may be asked to submit additional documents. Therefore, please follow the NVC’s instructions carefully.
Attend the visa interview
The NVC will review your application and documentation and, if there are no further requests, schedule an interview at the U.S. Embassy to which you are applying. Attend the interview and answer questions about your background and other details as accurately as possible. The interviewer will make a final decision on whether to grant you an EB-2 visa.
Receive the NVC package and travel to the U.S
Once your EB-2 visa is approved, the NVC will send you a package. This package must not be opened under any circumstances. You must bring this package with you when you travel to the U.S. and hand it to the immigration officer at the U.S. port of entry. Only an immigration officer can open the package and decide whether or not you should be admitted.
What are the EB-2 visa fees?
There are a number of fees that must be paid by both the U.S. employer and the foreign worker to apply for an EB-2 visa. The amounts vary and are set by the DOL, USCIS, and the U.S. Embassy in the country of application. In general, your employer and you must pay the following fees
- DOL fee for labor certification (employer).
- USCIS Form I-140 petition filing fee (employer)
- Form DS-261 processing fee (employee)
- Medical examination fee (employee)
- Cost of obtaining supporting documents (employee)
- Translation fee from foreign language to English (employee)
How long does it take to get an EB-2 visa?
EB-2 visas can take anywhere from one to three or four years to process, and since there is an annual cap on the number of EB-2 visas that can be issued, the process can take quite a long time. Visas are processed on a first-come, first-served basis, so the sooner you apply, the sooner your application can be processed.
Do I Get Access to American Healthcare With an EB2 Visa?
Yes, EB2 visa holders are eligible to receive medical care in the United States. However, the cost of medical care in the U.S. is among the highest in the world.
Treatment for a broken leg or arm can cost up to $2,500, and an average stay in a U.S. hospital can cost over $10,000. You should choose an immigrant health insurance plan that is right for you, affordable overall, and covers your needs.
Can I bring my family to the U.S with an EB-2 visa?
You can bring your spouse and unmarried children under the age of 21 if you have an approved and valid EB-2 visa. The spouse must apply for an E-21 visa and the child must apply for an E-22 visa.
Once the visa is approved, the spouse can obtain an Employment Authorization Document (EAD) to work in the United States.
Other Types of Employment Based Visas
Employment-based visas are designated with the letter E and are available in five types
- EB-1 (first preference worker) visa are for outstanding professors, researchers, and individuals with exceptional ability in the arts, sciences, business, sports, or education, as well as executives who have worked for a foreign subsidiary of a U.S. company in the past three years.
- The EB-2 visa (second preference worker visa) is for professionals with advanced degrees and exceptional ability in the arts, sciences, or business.
- EB-3 visa (third preference worker visa) are for skilled workers with two or more years of experience, skilled workers with advanced degrees, or unskilled workers with less than two years of experience (EW-3 visas).
- EB-4 visa, or fourth preference worker visas, are for workers of various religious, governmental, or international organizations.
- EB-5 visa, or fifth preference worker visa, are for investors in the United States who invest between $500,000 and $1 million in the U.S. economy.