The EB-2, known as the Second Employment-Based Preference, is an employment-based immigrant visa category in the United States that requires a labor certification through the PERM (Program Electronic Review Management) process. The EB-2 PERM is designed for individuals who possess advanced degrees or exceptional ability in their respective fields and have a job offer from a US employer.
The EB-2 visa has 3 subcategories, which are as follows:
- EB-2A VisaAdvanced Degree
- EB-2B VisaExceptional Ability
- EB-2C VisaNational Interest Waiver
While each of these three subcategories entails distinct prerequisites, expertise in the corresponding fields is required for success. Additionally, each category is allocated a maximum of 40,000 slots annually.
The EB-2 PERM category is a popular choice for professionals with advanced degrees or exceptional abilities who seek permanent residency in the United States. Obtaining an EB-2 PERM requires going through the labor certification process, which involves demonstrating that there are no qualified US workers available for the position.
The labor certification process, administered by the US Department of Labor (DOL), ensures that the employment of foreign workers will not adversely affect the wages and working conditions of US workers. The process involves testing the US job market to determine the availability of qualified US workers for the position being offered to the foreign worker.
The EB-2 PERM category is a popular choice for professionals with advanced degrees or exceptional abilities who seek permanent residency in the United States. Obtaining an EB-2 PERM requires going through the labor certification process, which involves demonstrating that there are no qualified US workers available for the position.
The labor certification process, administered by the US Department of Labor (DOL), ensures that the employment of foreign workers will not adversely affect the wages and working conditions of US workers. The process involves testing the US job market to determine the availability of qualified US workers for the position being offered to the foreign worker.
Requirements for EB2A – Advanced Degrees:
Advanced Degree: The applicant must possess one or more advanced degrees (beyond a bachelor's degree or its equivalent, such as a Master's degree, Ph.D. Juris Doctor (JD or law degree), MD (medicine)., or foreign equivalent) in a specific field of expertise; alternatively, the applicant may have a bachelor's degree or its equivalent with at least five years of progressive work experience in the field.
Necessary documentation:
Necessary documentation:
- Official academic transcripts demonstrating the attainment of an advanced degree from a US institution or its international equivalent.
- Official academic transcripts showcasing the completion of a bachelor's degree from a US institution or its foreign counterpart.
- Letters of recommendation from current or former employers, serving as validation of your professional experience.
The EB-2 visa has 3 subcategories, which are as follows:
- Exceptional Ability: Exceptional ability signifies a level of proficiency that significantly surpasses the norm in the realms of sciences, arts, or business. Exceptional ability is defined as having a degree of expertise significantly above that ordinarily encountered in the field. Your ability must be able to add both substantial merit and value to the US economy, educational or cultural interests, or welfare.
- Job Offer: The applicant must have a permanent, full-time job offer from a US employer that is willing to sponsor them for the EB-2 PERM. The employer must complete the labor certification process and demonstrate the unavailability of qualified US workers for the position.
- Meeting at least three of the following criteria:
- Official Academic Record: Showcase your academic excellence with a degree, diploma, certificate, or a similar award from a recognized institution related to your exceptional ability.
- Employment Experience: Present letters from current or former employers verifying a minimum of 10 years of full-time experience in your occupation.
- Professional License or Certification: Hold a valid license or certification for your profession or occupation, demonstrating your commitment to excellence.
- Compensation: Provide proof that you have commanded a salary or other remuneration for services that demonstrate your exceptional ability.
- Professional Memberships: Display your affiliation with professional association(s) relevant to your field, underscoring your commitment to professional development.
- Recognition and Achievements: Showcase accolades and acknowledgments from peers, government entities, or professional/business organizations, emphasizing your significant contributions to your industry or field.
- Other comparable evidence of eligibility, ensuring a comprehensive and fair evaluation of your exceptional ability.
The EB-2 PERM has specific priority dates assigned based on the applicant's country of birth. The availability of visa numbers may vary depending on the applicant's country of birth and the demand for visas. The spouse and unmarried children under 21 years old of the EB-2 PERM holder can also obtain derivative visas and accompany or join the principal visa holder in the United States.
The EB-2 PERM process can be complex and time-consuming. Engaging the services of an experienced immigration attorney is highly recommended to navigate the labor certification process, meet the eligibility criteria, and increase the chances of a successful application.