EB-2 Visa (Green Card)

Employers file Form I-140, Petition for Alien Worker on the applicant's behalf, unless the applicant is self-petitioning through the National Interest Waiver, in which case they can file themselves.

Except where applicants are self-petitioning through the National Interest Waiver, the EB-2 requires the employer to file a PERM application and retain a Labor Certification, showing no other Americans are willing or qualified to fill the position.

Employers must prove their continuing ability to pay the offered wage as current with the priority date. An annual report, federal income tax return, or an audited financial statement are acceptable evidence.

EB-2 Requirements & Documentation: 

1. Advanced Degree

The applicant is seeking employment in the United States that requires an advanced degree or equivalent. The applicant can meet the requirements with a baccalaureate or foreign equivalent if they have years of progressive experience in the field and the required qualifications.

Applicants must meet all other labor certification requirements as applicable.

2. Exceptional Ability

Alternatively, prove exceptional ability in the sciences, arts, or business. USCIS defines exceptional ability as "a degree of expertise significantly about that ordinarily encountered." 

3. National Interest Waiver 

An NIW is a caveat to undergoing the PERM or Labor Certification process. An NIW fast-tracks applications for individuals who can prove their specialty is in U.S. national interest. NIWs allow an EB-2 applicant to obtain an employment-based green card without an employer.

   The EB-2 NIW is a unique path to securing residency and can be a viable option for entrepreneurs.

Family

The legal spouse of an EB-2 green cardholder may apply to remain in the U.S. via an E-21 application, minor children (unmarried, under 21) use an E-22 application.

The spouse may apply for an EAD (Employment Authorization Document) to work in the U.S. during the process.

The Most Common EB-2 Forms and There Associated Fees

• Form I-140, Petition for Alien Worker: This is the main form required for an EB-2 visa application. The cost of Form I-140 is $700.
• Form I-485, Application to Register Permanent Residence or Adjust Status: This form is required if the applicant is already in the United States and wants to adjust their status to permanent residency. The cost of Form I-485 is $1,140.
• Form I-864, Affidavit of Support: This form is required to show that the applicant has sufficient financial resources to support themselves and their family while in the United States.

The cost of Form I-864 is $120 if the applicant fails to provided this form there case will not proceed any further. The total cost of an EB-2 visa application can vary depending on the individual circumstances. However, the applicant should expect to pay at least a few thousand dollars in application fees and other costs.

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