Your Guide to the EB-2 Visa: Application, Cost, and Timeline

Exploring the EB-2 Visa: Eligibility and Application Process

The EB-2 visa serves as a pathway to U.S. residency for foreign nationals with advanced degrees or exceptional abilities. Upon obtaining this visa, the recipient gains lawful permanent residency in the United States.

To initiate the application process, a sponsor, typically the employer, must secure a permanent employment certification (PERM) from the Department of Labor using Form 9089, known as the “Application for Permanent Employment Certification.” However, applicants can circumvent this requirement by seeking a National Interest Waiver (EB-2 NIW).

This guide will provide a detailed walkthrough of how to navigate the EB-2 visa application steps, along with insights into making your application stand out.

Anticipated Increase in EB-2 Visa Fees

The cost of obtaining an EB-2 visa is expected to rise significantly soon, following a proposal for a new fee structure by USCIS. In January 2023, USCIS disclosed a proposal to raise the filing fees for a broad range of visa categories. This includes the EB-2 visa and associated adjustment of status applications.

Overview of EB-2 Visa Expenses

Here’s a breakdown of the current fees involved with the EB-2 visa application.

For applicants applying from within the U.S.:

1. Form I-140 ("Immigrant Petition for Alien Worker"):

• Filing Fee: $715 (paid by the employer)
• Immigrant Fee: $235

2. Form I-485 (Adjustment of Status Application):

• Filing Fee: $1440

3. Biometrics Fee: $85 (applicable to applicants aged 14 to 79)

EB-2 Visa Costs for Overseas Applicants

Here are the required fees for EB-2 visa applications submitted from outside the United States:

1. Form I-140 ("Immigrant Petition for Alien Worker"):

• Filing Fee: $715 (typically covered by the sponsoring employer)

2. Form DS-260 (Green Card Application):

• Filing Fee: $345

3. Form I-864 ("Affidavit of Support"):

• Filing Fee: $120

4. Biometrics Fee: $85 (mandatory for applicants aged 14 to 79)

There is no charge for PERM certification, but employers should prepare a comprehensive budget to cover legal expenses and any costs related to the recruitment process.

Timeline for EB-2 Visa Processing

The processing time for Form I-140 typically averages four months, as per historical data from USCIS. For those who choose premium processing, the I-140 can be expedited to just 15 days.

After I-140 approval, applicants must await visa availability, which varies based on their country of origin. Once a visa is available, applicants can proceed with their green card application. For those within the U.S., Form I-485 processing for employment-based visas ranges from 7.5 to 32.5 months.

Applicants outside the U.S. will have their applications sent to the National Visa Center (NVC), which then forwards them to the appropriate U.S. embassy or consulate to arrange an interview. The duration of this phase depends on the applicant's geographic location.

Applicants can monitor their case status through the USCIS website, which offers a processing times tool for a more accurate estimate. Staying informed throughout the process can help manage expectations and prepare for the next steps.

Qualifying for the EB-2 Visa

To qualify for an EB-2 visa, applicants must meet specific criteria and typically require sponsorship from an employer. This employer must secure a PERM certification, except in cases where a National Interest Waiver (NIW) is granted.

Applicants for the EB-2 visa fall into one of three distinct categories:

1. Advanced Degree - The applicant must possess a degree beyond a bachelor's, typically a master's or higher, or its foreign equivalent.
2. Exceptional Ability - Demonstrating exceptional ability in the sciences, arts, or business that significantly benefits the U.S.
3. National Interest Waiver - This waiver allows individuals to bypass the labor certification if their employment would greatly benefit the U.S.

We will delve into the specific requirements for each category in the subsequent sections, providing a detailed guide on how to navigate the application process for each.

Advanced Degree Category

For applicants applying under the Advanced Degree category, the following qualifications must be demonstrated:

1. Possession of an advanced degree, such as a master’s or doctoral degree, or a foreign equivalent.
2. Alternatively, possession of a bachelor’s degree coupled with at least five years of progressive work experience in the relevant field.

Additionally, any specific requirements stipulated in the PERM certification must also be met to qualify under this category.

Exceptional Ability Category

Applicants within the Exceptional Ability category must demonstrate expertise that is significantly above the ordinary level encountered in the sciences, arts, or business. This involves proving a degree of skill and recognition in their field that distinguishes them from their peers.

Like with other categories, applicants must also fulfill any specific criteria listed on the initial labor certification to qualify under this category.

National Interest Waiver Category

Applicants seeking a National Interest Waiver (NIW) have the advantage of petitioning independently, without the need for a sponsor or labor certification. To qualify for an NIW, applicants must meet the following criteria:

1. They must possess an advanced degree or demonstrate exceptional ability, as detailed in the preceding categories.
2. It must be shown that waiving the labor certification would be in the best interest of the United States, offering a significant benefit.
3. Their proposed endeavor must be of substantial merit and national importance.
4. The applicant must be well-positioned to advance this proposal, indicating a high likelihood of successful implementation.

This pathway is designed for individuals whose work promises significant national benefits, thus justifying the waiver of usual requirements.

Application Guide for the EB-2 Visa

Once the eligibility requirements are met, both the employee and their employer can begin the EB-2 visa application process. Here, we outline the four key steps involved:

1. Obtaining a PERM Certification
2. Submitting Form I-140
3. Attending Required Appointments
4. Finalizing the Green Card Application

Obtaining a PERM Certification

Before an employer can petition USCIS on behalf of an employee, they must secure a PERM certification from the Department of Labor (DOL). It usually takes a year to complete this process, with six months of preparation and 158 days of processing. Essential pre-filing tasks include:

1. Meeting Basic Requirements: The employer must offer a salary at or above the prevailing wage for the position in the relevant labor market.
2. Conducting Pre-Filing Recruitment: This includes placing two job advertisements in Sunday editions of a local newspaper and submitting a job order with the State Workforce Agency (SWA).
3. Notifying Current Employees: Employers are required to inform their current workforce about the intent to hire a foreign worker.

After completing these steps, the employer can proceed to fill out and submit Form 9089 for the permanent labor certification.

Submitting Form I-140

After securing the PERM certification, the employer must file Form I-140 with USCIS within 180 days. The USCIS officer reviewing Form I-140 will verify the following:

1. The position offered is identical to that described in the PERM certification.
2. The foreign national is qualified for the specified position.

To support the I-140 petition, the employer needs to compile and submit relevant documentation demonstrating:

1. Acquisition of the required labor certification.
2. The employer's ability to pay the stipulated wages from the time of filing Form I-140.
3. The applicant's lawful travel to the United States, if applicable.
4. The applicant's qualifications, such as an advanced degree or exceptional ability.

Additionally, the application should include:

1. Evidence confirming the applicant meets the eligibility criteria outlined earlier. Refer to the “Document Checklist” section for detailed information on the necessary documents.
2. The employer’s USCIS online account number, if available.
3. The relevant North American Industry Classification System (NAICS) code and Standard Occupational Classification (SOC) System code.
4. Contact details for all pertinent parties involved.

This detailed approach ensures that the USCIS has all the necessary information to assess the suitability of the applicant for the EB-2 visa.

Completing and Filing Form I-140

The employer is required to pay the applicable filing fee and meticulously complete every section of Form I-140 to avoid rejection. Once completed, the form can be submitted to USCIS via mail. Depending on the mailing service used, the petition should be sent to one of the addresses below.

For submissions via the U.S. Postal Service:

1. USCIS
2. Attn: I-140
3. P.O. Box 660128
4. Dallas, TX 75266-0128

For submissions via UPS, FedEx, or DHL:

1. USCIS
2. Attn: I-140 (Box 660128)
3. 2501 S. State Highway 121 Business
4. Suite 400
5. Lewisville, TX 75067-8003

If the employer is filing Form I-140 concurrently with a green card application (Form I-485), the documents should be directed to:

For USPS submissions:

1. USCIS
2. Attn: NFB
3. P.O. Box 660867
4. Dallas, TX 75266-0867

For UPS, FedEx, or DHL submissions:

1. USCIS
2. Attn: NFB (Box 660867)
3. 2501 S. State Highway 121 Business
4. Suite 400
5. Lewisville, TX 75067-8003

The employer can monitor the progress of their submission by creating and using a USCIS online account. For detailed guidance on filling out Form I-140, refer to the USCIS instruction manual.

Attending Follow-Up Appointments

After the petition is received, USCIS will issue a receipt notice to confirm it. Depending on the case, the applicant may also be asked to attend a biometrics appointment or an interview. These appointments are not mandatory for all applicants.

The interview notice will provide all necessary details, such as the date, location, and a list of documents to bring. If the applicant resides outside the United States, the notice may direct them to contact the nearest Embassy. It is crucial for the EB-2 applicant to bring all required documentation to the interview. Upon completing the review process, USCIS will issue a decision notice to the applicant.

Preparing and Submitting the Green Card Application

Following the approval of Form I-140 by USCIS, the applicant can proceed with the green card application. The first step is to check visa availability in their category, which can be done through the U.S. Department of State website. Once a visa number becomes available, the applicant can begin completing the necessary forms for the green card application. This process marks a critical step towards achieving permanent residency status.

Adjustment of Status Process

For applicants residing in the United States, filing Form I-485 is necessary to adjust their status to that of a permanent resident. Additionally, applying for an "advance parole" document is advisable if the applicant plans to travel abroad during the processing period of their green card.

The following documents are typically required when submitting Form I-485:

1. I-94 travel records, which document arrivals and departures.
2. A copy of the birth certificate.
3. An Affidavit of Support to confirm financial backing.
4. Arrest records, if applicable.
5. A medical examination report from an authorized physician.
6. Proof of adequate financial support to ensure the applicant can sustain themselves without public assistance.

After submitting Form I-485, USCIS will process the application and send a notice for a biometrics appointment. Additionally, they will schedule an in-person interview if it's deemed necessary for the application. These steps are crucial for verifying the applicant's information and moving forward with the permanent residency application.

Consular Processing for Permanent Residency

Applicants living outside the United States must undergo consular processing to obtain their lawful permanent resident card. This involves filing Form DS-260, officially known as the "Application for Immigrant Visa and Alien Registration." It's important to include all required civil documents with this application, such as:

1. Birth certificate.
2. Court and prison records, if any.
3. Military records, if applicable.
4. Police certificates from all places lived since age 16.

In addition to the paperwork, applicants are required to undergo a medical examination and attend an interview at the U.S. Embassy or Consulate. The procedures and specific requirements for consular processing can vary by location, so it is crucial to follow the instructions provided by the local U.S. Embassy or Consulate to ensure all steps are correctly completed.

Document Checklist for Form I-140 Submission

When submitting Form I-140, the employer must provide evidence to confirm that the non-U.S. citizen applicant qualifies under the advanced degree or exceptional ability categories. Here is a guide to the types of documentation that are acceptable for each category.

Advanced Degree

To establish eligibility under the advanced degree category, the applicant must submit:

1. An official academic record from an accredited institution confirming the attainment of an advanced degree (master’s or doctorate) or its foreign equivalent.
2. Alternatively, if claiming a bachelor’s degree plus five years of progressive post-baccalaureate work experience, the applicant should provide:

• An official academic record showing the completion of a bachelor’s degree.
• Letters from current or previous employers detailing at least five years of relevant work experience. These letters should specify the positions held, duration of employment, and a detailed description of the work performed.

Exceptional Ability Documentation

To demonstrate exceptional ability that significantly surpasses what is typically encountered in the arts, business, or sciences, the applicant must provide at least three of the following pieces of evidence:

1. An official record showing that the applicant has earned a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability.
2. Membership in a professional association or society that requires outstanding achievements of its members.
3. Official recognition from organizations, critics, government entities, or recognized experts in the field acknowledging the applicant’s contributions and significance in their profession.
4. Documentation of the payment or remuneration for services that demonstrate the applicant's exceptional ability.
5. A license or certification that permits the practice of the profession and is indicative of competence in the area of exceptional ability.
6. Letters documenting at least ten years of full-time experience in the profession.

National Interest Waiver Documentation

For those seeking a National Interest Waiver, evidence must clearly demonstrate that:

1. The applicant's proposed endeavor has substantial merit and national importance.
2. The applicant is well-prepared and capable of successfully executing the proposed work.
3. Granting a waiver of the labor certification requirement would benefit the national interests of the United States.

Applicants should compile comprehensive documentation that illustrates the national significance of their skills and the proposed occupation. It's essential to tailor the evidence to highlight how the applicant's specific contributions will significantly benefit the United States.

Last Updated 07/29/24 03:20:37AM