Seeking an EB-2 Visa? Here’s What You Need to Know

Ever wondered, "What is an EB-2 visa?" If you're considering the prospect of working in the United States, understanding this employment-based visa is crucial. Navigating the U.S. visa system can be complex, especially when it comes to employment visas. The EB-2 visa is a key option for skilled professionals and individuals with exceptional abilities. 

In this blog post, we'll break down the basics of the EB2 visa, guiding you through the essential information and the application process.

What is an EB-2 Visa And Who Qualifies For It?

The EB-2 visa is a sought-after employment-based visa designed for non-U.S. citizens boasting an advanced degree or exceptional ability. Holding an EB-2 visa grants individuals the status of lawful permanent residents in the United States. Before initiating the application process, typically spearheaded by the employer, a critical step involves securing a Permanent Employment Certification (PERM) from the Department of Labor. However, applying for a National Interest Waiver (EB-2 NIW) is a potential alternative to this prerequisite.

How Hard is it to Get an EB-2 Visa?

Securing an EB2 visa necessitates meeting specific criteria, with sponsorship from an employer serving as a cornerstone. The employer must apply for and obtain a PERM certification, unless a National Interest Waiver (NIW) is granted, providing a potential avenue for bypassing the certification process. Categories under EB-2 Visa:

Advanced Degree:

• Applicant must possess an advanced degree or its foreign equivalent.
• Alternatively, a bachelor’s degree and five years of progressive work experience may suffice.
• Satisfying any additional requirements stipulated on the PERM certification is imperative.

Exceptional Ability:

• Demonstrating expertise significantly above the norm in sciences, arts, or business is crucial.
• Similar to the advanced degree category, meeting the initial labor certification requirements is a must.

National Interest Waiver:

• Applicants can submit their own petitions without a sponsor or labor certification.
• Criteria include possessing an advanced degree or exceptional ability, showcasing the benefit to the U.S., demonstrating substantial merit and national importance of the proposal, and being well-positioned to execute it.

How Much Does an EB-2 Visa Cost?

Understanding the financial aspects of the process is essential for both applicants and sponsoring employers. The costs vary based on the applicant's location and whether they are filing from within the U.S. or outside.

Applicants filing from within the U.S.:

• Form I-140 ("Immigrant Petition for Alien Worker"): $700 (employer pays)
• Immigrant Fee: $220
• Form I-485 (Adjustment of Status Application): $1140 
• Biometrics: $85 (required for applicants aged 14 to 79)

Applicants filing from outside the U.S.:

• Form I-140 ("Immigrant Petition for Alien Worker"): $700 (employer pays)
• Form DS-260 (Green Card Application): $345
• Form I-864 ("Affidavit of Support"): $120
• Biometrics Fee: $85 (required for applicants aged 14 to 79)

It's essential to note that while there's no fee for the PERM certification, employers must factor in legal fees and any recruitment-related overhead into their budget.

For the most recent updates on EB-2 visa costs and requirements, it is advisable to consult immigration attorneys at 360 Immigration Law.

Get the Legal Help You Need to Obtain Your EB-2 Visa

Now that we've answered the question, "What is an EB-2 visa?" it is time to delve into the intricacies of the application process. Navigating these complexities requires expert legal guidance. At 360 Immigration Law Group, our team of immigration attorneys is dedicated to providing meticulous support to clients nationwide. Whether you're in Coconut Creek, Pompano Beach, Boca Raton, Tamarac, Parkland, Deerfield Beach, Sunrise, Oakland Park, Fort Lauderdale, and Plantation, we are here to be your partners in this critical journey. Contact us at 954.667.3660 for a free consultation.