What Are the Benefits of an EB-2 Immigrant Visa?

Posted by Musa August 1, 2023

The EB-2 Immigrant Visa offers several benefits to foreign nationals who qualify under one of its three subcategories (EB-2(a) for Advanced Degree Professionals, EB-2(b) for Exceptional Ability Individuals with a job offer, and EB-2(c) for National Interest Waiver applicants). Here are some of the key benefits of the EB-2 Immigrant Visa:

  • Permanent Residency (Green Card): The primary benefit of the EB-2 Immigrant Visa is that it provides a path to permanent residency (a Green Card) in the United States. Once granted, the Green Card allows the holder to live and work permanently in the U.S. and provides a pathway to U.S. citizenship after meeting the necessary residency requirements.
  • No Labor Certification (EB-2(c) National Interest Waiver): The EB-2(c) National Interest Waiver category allows certain applicants to self-petition for the Green Card without the need for a job offer or labor certification. This streamlines the application process and provides more flexibility for highly skilled individuals.
  • Flexibility in Employment and Geographic Location: With the EB-2 Immigrant Visa, individuals are not tied to a specific employer or job position. Once the Green Card is obtained, the holder has the freedom to change jobs or employers without jeopardizing their immigration status.
  • Ability to Sponsor Immediate Family Members: As a Green Card holder, an EB-2 visa holder can sponsor their spouse and unmarried children under 21 years of age for permanent residency in the U.S.
  • Access to U.S. Healthcare, Education, and Social Services: Green Card holders have access to various benefits and services available to U.S. residents, including healthcare, education, and social programs.
  • Protection under U.S. Laws: As a Green Card holder, individuals are protected by U.S. laws and have the same legal rights as U.S. citizens, except for voting in federal elections.
  • Pathway to U.S. Citizenship: After holding a Green Card for a certain period and meeting other eligibility requirements, individuals may apply for U.S. citizenship, becoming naturalized citizens.
  • Travel Benefits: Green Card holders can travel freely in and out of the U.S. without the need for additional visas or re-entry permits.
  • Ability to Apply for Certain Government Jobs and Security Clearances: Some government jobs and security clearance positions require U.S. citizenship, but holding a Green Card can make applicants eligible for a broader range of employment opportunities compared to non-immigrant visa holders.
  • Protection from Deportation: Green Card holders are generally protected from deportation, provided they do not engage in certain criminal activities or violate immigration laws.

It’s important to note that the EB-2 Immigrant Visa is subject to annual numerical limitations, and the application process can be complex. The benefits and specific requirements of the EB-2 Immigrant Visa may vary depending on the individual’s circumstances and the specific subcategory (EB-2(a), EB-2(b), or EB-2(c)) they qualify for. Working with an experienced immigration attorney can help individuals understand the full benefits and navigate the application process successfully.

What documents are required for EB-2 visa application?

The documents required for an EB-2 visa application may vary depending on the specific subcategory (EB-2(a) for Advanced Degree Professionals, EB-2(b) for Exceptional Ability Individuals with a job offer, or EB-2(c) for National Interest Waiver applicants) and the individual’s circumstances. However, here are some common documents that are typically required for an EB-2 visa application:

  • Form I-140, Immigrant Petition for Alien Worker:

    • This form is the primary application for the EB-2 visa and is filed by the U.S. employer on behalf of the applicant (except for EB-2(c) National Interest Waiver applicants who self-petition). It includes information about the job offer, the employer’s qualifications, and the beneficiary’s qualifications.

  • Labor Certification (if applicable):

    • For EB-2(a) and EB-2(b) applicants, a labor certification from the U.S. Department of Labor (DOL) is required. The labor certification process involves demonstrating that there are no qualified U.S. workers available for the position and that hiring a foreign worker will not negatively impact U.S. workers in the same field.

  • Supporting Documents for EB-2(a) Advanced Degree Professionals:

    • Copies of the applicant’s advanced degree or foreign equivalent, such as a master’s degree or higher.
    • Educational transcripts and diplomas.
    • Letters of recommendation and reference letters from previous employers, professors, or industry experts.
    • Employment verification letters from previous employers.
    • Resume or curriculum vitae (CV) detailing the applicant’s work history and qualifications.
    • Job offer letter from the U.S. employer, describing the job position, duties, and qualifications required.

  • Supporting Documents for EB-2(b) Exceptional Ability Individuals with a Job Offer:

    • Evidence of the applicant’s exceptional abilities, such as awards, publications, certifications, patents, or other recognition.
    • Letters of recommendation and reference letters from industry experts or peers.
    • Employment verification letters from previous employers.
    • Resume or curriculum vitae (CV) detailing the applicant’s work history and achievements.
    • Job offer letter from the U.S. employer, describing the job position, duties, and qualifications required.

  • Supporting Documents for EB-2(c) National Interest Waiver Applicants:

    • Evidence of exceptional ability or outstanding achievements in the applicant’s field of expertise.
    • Evidence that the applicant’s work is of substantial merit and national importance.
    • Documentation supporting the claim that a waiver of the job offer and labor certification is in the best interest of the United States.

  • Passport and Photographs:

    • A valid passport that is valid for at least six months beyond the intended period of stay in the U.S.
    • Passport-sized photographs meeting the U.S. visa photo requirements.

  • Form DS-260, Immigrant Visa Application (for Consular Processing):

    • If the applicant is outside the United States and applying through consular processing, they will need to complete Form DS-260 online.

It’s essential to note that the EB-2 visa process can be complex, and additional documents may be required based on the specific case and the U.S. embassy or consulate’s requirements. It’s highly recommended to work with an experienced immigration attorney to ensure that all required documents are properly prepared and submitted for a successful EB-2 visa application.