EB-2 Visa Lawyer: EB-2A, EB-2B, and National Interest Waiver

SimVisa is an established and well-respected immigration law firm based in Chicago.

Our team of experienced immigration attorneys has been helping clients overcome the procedural obstacles of U.S. immigration law for over 15 years. We’re passionate about providing personalized and supportive legal services, guiding our clients through every step of the process and advocating for their best interests.

While our office is located in Chicago, we proudly serve clients nationwide. We understand that immigration matters are often deeply personal and life-changing, and we’re resolved to use our knowledge and experience to help you achieve your immigration goals.

Understanding the EB-2 Visa: A Pathway for Outstanding Professionals

The EB-2 visa is an employment-based visa categorized under the second preference category for professionals seeking permanent residence (a green card) in the U.S.

This preference category is reserved for individuals with exceptional abilities in the sciences, arts, or business, as well as those with advanced degrees. The specific eligibility criteria and guidelines for the EB-2 visa are quite demanding, requiring applicants to provide substantial evidence to support their qualifications.

The EB-2 visa offers two primary paths for qualified applicants:

EB-2 Visa for Professionals with Advanced Degrees or Exceptional Abilities

This option is further divided into two routes, one for individuals with advanced degrees (EB-2A) and another for those with exceptional abilities (EB-2B).

To qualify for an EB-2A visa, you must possess a Master's degree, Ph.D., or foreign equivalent degree. If you only hold a baccalaureate degree, you must demonstrate at least five years of progressive experience in your field.

The EB-2B visa is for those who demonstrate exceptional ability in the sciences, arts, or business. You must show that your abilities are significantly above those ordinarily encountered in your profession.

In most cases, applicants under these categories will need an employer sponsor who is willing to file a petition on their behalf and offer them a permanent job position.

The Labor Certification Process

A critical component of the EB-2 visa process for those needing employer sponsorship is the labor certification. This step is meant to ensure that there are no qualified U.S. workers available to fill the position and that hiring a foreign national won’t negatively impact the wages and working conditions of U.S. workers.

The Department of Labor oversees the labor certification process, which involves meeting specific requirements and following a detailed procedure. This can be a time-consuming process, potentially causing delays in the individual’s application.

EB-2 National Interest Waiver (NIW)

The national interest waiver (NIW) is a unique provision within the EB-2 visa category that allows certain applicants to self-petition and waive both the job offer and labor certification requirements. These individuals don’t need employer sponsorship to apply.

To qualify for an EB-2 NIW, you must meet three key standards:

Substantial Merit and National Importance

Your proposed endeavor must demonstrate both substantial merit and be of national importance to the United States. This means that your work should have a significant positive impact on areas such as national security, education, health, the economy, arts, culture, or other fields deemed beneficial to the U.S.

Ability to Advance the Proposed Endeavor

You must clearly show that you’re well-positioned to advance your proposed endeavor. This involves providing evidence of your past achievements, current expertise, and future plans related to your work. The proposed endeavor should be well-defined and have a realistic path to success.

It's important to note that the proposed endeavor doesn't necessarily have to be currently underway. It can encompass future activities expected to benefit the United States.

Beneficial to Waive the Job Offer

Lastly, you must prove that it would be advantageous to the U.S. national economy to waive the typical job offer requirement. In other words, the benefits of your work to the U.S. outweigh the need to protect American jobs through the labor certification process.

Ready to Explore Your EB-2 Visa Options?

Securing an EB-2 visa can be complicated, but with the right guidance, you can increase your chances of success. Don't take on this journey alone. Contact our experienced immigration lawyers for a personalized consultation. We'll assess your qualifications, discuss your goals, and guide you toward the best strategy for your situation.

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Benefits of an EB-2 with Advanced Degree or Exceptional Ability

The EB-2 visa is tied to a specific job offer, providing a clear pathway to employment and financial stability in the U.S. Having an employer sponsor your petition can streamline certain aspects of the process. Your employer will handle the labor certification (if applicable) and the initial filing of the I-140 petition.

Benefits of an EB-2 National Interest Waiver

The most significant advantage of the NIW is the ability to self-petition, which eliminates the need for an employer sponsor or job offer. This provides greater flexibility and control over your immigration journey.

By waiving the labor certification process, you can avoid the time-consuming and often complex procedures associated with proving a shortage of U.S. workers. In some cases, NIW petitions may be processed faster than traditional EB-2 petitions that require labor certification.

Meeting the EB-2 Visa Eligibility Criteria

Regardless of which path you pursue, providing comprehensive and compelling evidence is crucial to the success of your application. Here’s what you need to know.

Documentation for Professionals with Advanced Degrees

If you’re applying under the advanced degree category (EB-2A), you’ll need to submit documentation that verifies your educational credentials and work experience. This may include:

• Diplomas and transcripts from your university
• Professional licenses related to your field
• Letters from previous employers attesting to your experience and expertise

Professionals holding advanced degrees often have specific licensing or certification requirements, which should also be documented

Demonstrating Exceptional Ability in the Sciences, Arts, or Business

If you’re applying based on exceptional ability (EB-2B), you’ll need to present a strong case that showcases your skills and achievements. Consider including evidence like:

• Published articles or books in your field
• Awards and recognition for your achievements
• Membership in prestigious professional organizations
• Evidence of high salary or compensation for your services
• Letters of recommendation from experts in your field
• Concrete examples of significant contributions you’ve made to your field

In short, the evidence you provide should highlight your unique talents and contributions and commend you as an ideal candidate for employment-based immigration.

Satisfying the Criteria for an EB-2 NIW

Proving "substantial merit" and "national importance" for an NIW petition is perhaps the most challenging aspect of the application process. You’ll need a strong, well-structured argument supported by persuasive evidence, such as the following types:

Letters of Support

Request detailed letters of support from recognized experts and leaders in your field. These letters should explicitly state the importance and potential impact of your work on a national level. They should also highlight how your expertise promises to benefit the United States.

Media Coverage

Gather any documentation of media coverage or recognition you’ve received for your work. This could include articles, interviews, news segments, or other media mentions that underscore the significance of your contributions.

Funding and Grants

If you’ve received funding or grants for your research or projects, you can provide documentation as evidence of the value and potential of your work.

Implementation Plan

Outline a clear and feasible plan for implementing your proposed endeavor. This will demonstrate your commitment and ability to translate your ideas into tangible results that serve U.S. interests.

Completing the Application Process

Applying for an EB-2 visa involves multiple steps, each with its own specific requirements and timelines. From gathering the initial documentation to filing forms with United States Citizenship and Immigration Services (USCIS) and potentially attending an immigration interview, each step requires patience and careful attention to detail.

Here's a breakdown of the key stages involved:

Filing the Initial Petition

For the advanced degree or exceptional ability path, your employer will typically file Form I-140, Petition for Alien Worker, with USCIS. For the national interest waiver, you’ll file the I-140 petition yourself.

Labor Certification (If Applicable)

If your EB-2 case requires labor certification, your employer will need to work with the Department of Labor to complete this process before filing Form I-140.

The PERM labor certification process involves demonstrating that there are no qualified U.S. workers available for the position and that hiring a foreign worker won’t negatively impact the pay or working conditions of U.S. workers.

Adjustment of Status or Consular Processing

Once the I-140 petition is approved, you’ll need to apply for an adjustment of status (if you’re already in the U.S.) or consular processing (if you’re abroad) to obtain your green card.

• Adjustment of status: File Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS.
• Consular processing: Work with the U.S. Department of State at a U.S. embassy or consulate in your home country.

This is a pivotal step in the process of seeking an EB-2 visa. You must go through processing successfully before your application can move forward.

Biometrics Appointment and Interview

You’ll be required to attend a biometrics appointment to provide fingerprints, photographs, and signatures. Depending on your specific case, you may also be expected to sit for an interview with a USCIS officer.

EB-2 Green Card Processing Time

The EB-2 is processed by the United States Citizenship and Immigration Services (USCIS). This government agency tends to have shorter processing times for the EB-2. This is one benefit of opting for the EB-2, although the applicant's home country can impact wait times. Generally, wait times for approval of form I-140 might take 6–9 months or longer.

If your EB-2 does not involve the national interest waiver, you'll need to wait for your employer to complete the PERM process, which may take a year or longer. If you are applying for the national interest waiver (EB-2C), you can expect the approval process to be faster.

After approval, the final step can also take time. Consular processing tends to be the faster route, with an average wait time of six to 12 months. Awaiting approval of form I-485, Application to Adjust Status, can take longer, with an average wait of one to two years.

Don't Let the Complexity of the EB-2 Visa Process Deter You

Securing an EB-2 visa requires careful planning, meticulous attention to detail, and a strong legal strategy. Our team is here to help you with every step, from gathering documentation to representing you before USCIS. Contact us today to schedule a consultation and take the first step toward your new chapter in the United States.

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What Is the Cost of an EB-2 Visa?

Applying for an EB-2 visa requires adequate financial planning. Rather than a flat fee for EB-2, several separate fees can vary by case. Fees you can expect during the EB-2 application process include:

• $700 I-140 filing fee
• $1,140 I-485 filing fee
• $85 biometrics fee

You may also face additional fees if you're filing from outside the U.S.

If applicants hope to bypass the lengthy wait times ordinarily encountered during the visa application process, they can also opt for premium processing. This option fast-tracks application review and approval and typically costs around $2,500. A SimVisa immigration lawyer can help identify whether premium processing is an option for you.

How Our EB-2 Visa Lawyers Can Help You

Given the intricacies of the EB-2 visa process — particularly the demanding nature of labor certification or national interest waiver requirements for some applicants — having an experienced EB-2 visa lawyer on your side can increase your chances of success considerably.

At SimVisa, our seasoned team of immigration attorneys has extensive experience handling all aspects of EB-2 visa applications. We understand the nuances of each respective pathway, the specific criteria for eligibility, and the types of evidence that create a compelling case for approval.