Immigrant Visa EB2
The EB2 visa is an employment-based immigrant visa, classified as a second preference visa, intended for those professionals who hold an advanced degree or its equivalent, and individuals with exceptional ability.
A key feature of this visa is the possibility to bypass the labor certification through the National Interest Waiver (NIW). Notably, the NIW allows individuals to self-petition, meaning they do not require an employer’s sponsorship. This provides greater flexibility for qualifying applicants. Another path to waive labor certification is Schedule A, which pre-certifies certain occupations like physical therapists and professional nurses as not adversely affecting U.S. workers.
Advanced Degree
A petition for an advanced degree signifies any academic or professional degree from the United States, or a foreign equivalent, that is above a bachelor’s degree. A U.S. bachelor’s degree or a foreign equivalent followed by at least five years of progressive experience in the specialty will be considered equivalent to a master’s degree. If a doctoral degree is commonly required for the specialty, the foreign national must possess a U.S. doctorate or a foreign equivalent degree.
Exceptional Ability
A petition for exceptional ability in the sciences, arts, or business refers to a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.
FAQS
Yes, immediate family members, including spouses and unmarried children under the age of 21, can accompany EB-2 visa holders to the U.S. They may also be eligible for derivative visas.
Yes, after maintaining legal permanent resident status for a certain period (typically five years), EB-2 visa holders may be eligible to apply for U.S. citizenship through the naturalization process.
You can apply for Adjustment of Status as long as you have an approved I-140 petition (the first phase of the visa process) and the Visa Bulletin establishes your priority date as current, allowing you to file for the adjustment.
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