EB-2 | Employment-based immigrant visa category in the United States

EB-2 is a type of employment-based immigrant visa category in the United States. It is intended for foreign nationals who possess advanced degrees or exceptional ability in their field of work.

To qualify for an EB-2 visa, the applicant must have at least a Master’s degree or a Bachelor’s degree plus five years of progressive experience in their field. Alternatively, they may show exceptional ability in the sciences, arts, or business, which must be demonstrated through sustained national or international acclaim and recognition.

EB-2 visa applicants must also have a job offer from a U.S. employer who is willing to sponsor their visa. The employer must also obtain a labor certification from the U.S. Department of Labor to show that there are no qualified U.S. workers available for the position.

EB-2 visas are subject to annual numerical limits, which means that the number of visas available in this category may be limited in a given year. However, EB-2 visa holders can eventually apply for permanent residency (green card) and eventually become U.S. citizens if they meet the eligibility requirements.

There are two types of EB-2 visas:

EB-2 (NIW) – National Interest Waiver

This type of EB-2 visa allows foreign nationals who have exceptional ability in their field or an advanced degree to waive the job offer and labor certification requirements. Instead, the applicant must show that their work will be in the national interest of the United States.

To qualify for the National Interest Waiver, the applicant must demonstrate that their work has substantial merit and national importance, and that they are well-positioned to advance the proposed endeavor. They must also show that it would be beneficial to waive the job offer and labor certification requirements, and that they are likely to continue working in their field in the United States.

EB-2 (Non-NIW) – Employer Sponsored

This type of EB-2 visa requires a job offer from a U.S. employer who is willing to sponsor the foreign national for permanent residency. The employer must also obtain a labor certification from the U.S. Department of Labor to demonstrate that there are no qualified U.S. workers available for the position.

To qualify for the EB-2 (Non-NIW) visa, the foreign national must have either an advanced degree or a bachelor’s degree plus five years of progressive experience in their field. They must also demonstrate exceptional ability in their field, which can be shown through sustained national or international acclaim and recognition.

Overall, both types of EB-2 visas are intended for individuals who possess advanced degrees or exceptional ability in their field and have a job offer from a U.S. employer. However, the National Interest Waiver allows for a waiver of the job offer and labor certification requirements for those who can demonstrate their work will be in the national interest of the United States.

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