EB-2 status is employment-based. Non-resident aliens who hold certain professional degrees, are eligible to apply for an EB-2 visa. Other basic requirements to qualify are that the applicant must exhibit “remarkable skills” in the fields of science, art or business that will considerably improve the national economic agenda.
EB-2 Visa Eligibility
For positions that require a degree higher than the baccalaureate level, a qualified non-resident applicant may apply for an EB-2 visa. If awarded EB-2 status, the alien will be permitted to fill this type of position under a permanent status. The request must contain the petitioner’s official school transcripts that show they have qualifying educational credentials from an accredited United States institution of higher learning, its foreign equivalent or a combination of both. The petitioner must also provide proof of a minimum of five years of advanced work history in the field the visa will allow to the petitioner to pursue. An EB-2 visa falls under three classifications – the EB-2(A), EB-2(B) and EB-2(C) groupings. These groupings are tailored for different professional skill sets, backgrounds and experience levels.
EB-2(A) Visa Requirements
An EB-2(A) visa is for non-citizens who have more than a four year degree, or a bachelor’s degree and at least five of employment history in the field they are seeking work in, and a United States firm with an interest in having the petitioner fill a position that requires the applicant’s educational skill set. Applicants can pursue different guidelines in order to satisfy eligibility for an EB-2(A) visa. Applicants can provide an official transcript proving successful completion of an advanced program from an accredited United States institution or its foreign equivalent. Alternatively, petitioners can provide proof of successful completion of a bachelor’s degree program from an accredited United States institution, or its foreign equivalent, in addition to a minimum of five years of advanced experience in the field that they desire employment.
EB-2(B) Visa Requirements
In order to successfully obtain an EB-2(B) visa, applicants will need to exhibit remarkable skills in science, art or industry. The United States Citizenship and Immigration Service (USCIS) classifies this as proficiency above and beyond that normally found in individuals engaged in the sciences, arts or industry. In order to qualify under this provision, applicants must be able to satisfy at least three out of the seven criteria:
- Proof of educational background in the given field.
- Proof of ten years of full-time employment in the given field.
- Proof of current permit or endorsement for the given vocation.
- Proof of income from the given profession.
- Proof of affiliation with professional organizations in the given field.
- Proof of endorsements from professional associates, government bodies and recognized trade organizations.
- Additional supplementary documentation to support their claim.
EB-2(C) Visa Requirements
EB-2(C) visas are awarded to non-residents whose residency will benefit national interest. This class is a national interest waiver, and petitioners must prove that the United States will benefit by granting the request. A national interest waiver is a request that officials approve the visa, while setting aside the employment history requirement that is normally a prerequisite for an EB-2 classification. Applicants may also make this request without the aid of a United States company. Individuals will be required to fulfill to same conditions required for an EB-2(B) visa and must prove that allowing them permanent residency is in the best interest of the United States.
Contact Us to Get Started
If you are an employer or an individual looking to pursue an EB-2 visa, contact KPPB Law. Our immigration attorneys are highly experienced in managing EB-2 visa applications and we are confident in our ability to successfully manage your case so that you receive the best results possible. We provide consultations to help you understand your best option before moving forward. If you are interested in discussing your eligibility, call our offices or send us a message online today.