[2] The regulatory requirements may be found in the Title 8 Code of Federal Regulations (8 CFR) at section 204.5(k). Official websites use .gov The EB-2 is an employment-based green card category available to individuals who are members of professions requiring an advanced degree or those who have exceptional ability. Citizenship and Immigration Services (USCIS) has not established specific criteria for approving national interest waiver petitions, the USCIS Administrative Appeals Office (AAO) held, in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016),[9] that a National Interest Waiver may be granted when the petitioner demonstrates the following criteria by a preponderance of the evidence (more likely than not): The first criterion focuses on the specific endeavor the foreign national has proposed to undertake. [1] Applicants (with the exception of applicants applying for an exemption known as National Interest Waiver) must generally have an approved labor certification, a job offer, and their employer must have filed an Immigrant Petition for Alien Worker (Form I-140) with the USCIS. This is an employer-sponsored green card, meaning that the employer must sponsor the … It tends to have a longer processing time than the EB-1 in that it requires a PERM Labor Certification approval from the Department of Labor (DOL). [1], As of September 2012, the Department of State determined that the FY-2012 numerical limit for the worldwide employment-based preference must be 144,951, and the per-country limit must be 7% of the worldwide cap, regardless of the population of the country. An EB-2 petition is an employment-based 2nd preference petition for a foreign professional with an advanced degree or its equivalent (masters degree or higher), or a foreign national who has exceptional ability in the sciences, arts, or business. The statutory requirements may be found in the Immigration and Nationality Act (INA) at Section 203(b)(2). Share sensitive information only on official, secure websites. Understanding the EB-2(B) visa second preference category for workers with exceptional ability in the sciences, arts, or business. EB-2 visas are second preference visas –– as opposed to EB1 visas (first preference) and EB3 visas (third preference). Overview. The burden of proof in National Interest Waiver cases rests solely with the petitioner. In addition to providing evidence of an advanced degree or exceptional ability (described in the boxes above), you must also meet  the 3 National Interest Waiver criteria below** in order to demonstrate that it is in the national interest that USCIS waive the requirement of a job offer, and thus the labor certification. They are also required to have a minimum of five years’ experience in their chosen field of work. You must be able to show exceptional ability in the sciences, arts, or business. The employer must be able to prove its ability to pay the proffered wage at the time the priority date is established, and continuing until the beneficiary employee obtains the lawful permanent residence. The EB-2 visa, like the EB-1 visa, confers Lawful Permanent Residency (LPR) on its holder. Our client is a Nigerian-born Microbiologist, employed as faculty at Texas A&M University. The proposed endeavor has both substantial merit and national importance. The EB-2 green card is also divided into three categories, which are: advanced degree holders, those with exceptional ability, and those who qualify for a National Interest Waiver. The second criterion focuses on whether the foreign national has the ability to succeed in the endeavor. There are two sub-categories of EB-2: You must meet at least three of the criteria below.*. Quick processing times - a few months: 1. EB-2 is a category of employment based permanent residence (PERM). EB2 and EB3 ‘final action’ to move forward in the Feb 2021 visa bulletin. A .gov website belongs to an official government organization in the United States. EB2 Visa For foreign nationals to qualify for an EB2 visa, they have to have obtained a Bachelor’s degree or higher like a Master’s or a Doctorate. Visa Overview EB-2 visas are part of the employment-based, second-preference immigration category meant for foreign professionals with advanced degrees or the equivalent (i.e. “Skilled workers” are persons whose jobs require a minimum of 2 years training or experience, not of a temporary or seasonal nature. Among other things, the applicant is not required to have received international acclaim in his or her field of specialty. If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-21 and E-22 immigrant status, respectively. A National Interest Waiver (NIW) petition falls in the employment-based, second-preference (EB-2) immigration category. Premium Processing is not an employer mandated fee and it is up to the department to decide if they will pay. This benefit is popularly called the National Interest Waiver. While the U.S. Secure .gov websites use HTTPS Of the five Employment-Based visas, the EB-2 visa is slightly harder to obtain, but also provides many benefits to successful applicants. You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker. Official Website of the Department of Homeland Security, Employment-Based Immigration: Second Preference EB-2, USCIS Response to Coronavirus 2019 (COVID-19), E-3 Certain Specialty Occupation Professionals from Australia, H-1B Specialty Occupations and Fashion Models, L-1A Intracompany Transferee Executive or Manager, L-1B Intracompany Transferee Specialized Knowledge, O-1 Individuals with Extraordinary Ability or Achievement, O Nonimmigrant Classifications: Question and Answers, P-1B Member of Internationally Recognized Entertainment Group, P-2 Performer or Group Performing under Reciprocal Exchange Program, P-3 Artist or Entertainer Part of a Culturally Unique Program, Employment-Based Immigration: First Preference EB-1, Employment-Based Immigration: Third Preference EB-3, Employment-Based Immigration: Fourth Preference EB-4, Employment-Based Immigration: Fifth Preference EB-5, WB Temporary Business Visitor under Visa Waiver Program, Volume 6, Part E, Chapter 7, of the USCIS Policy Manual, Laws, Regulations, and Guides Title 8, Code of Federal Regulations (8 CFR), USCIS Initiatives to Promote Startup Enterprises and Spur Job Creation Fact Sheet, Business Immigration USCIS Press Releases. For more information on Schedule A, read our policy in Volume 6, Part E, Chapter 7, of the USCIS Policy Manual. There are five preference categories of employment-based (EB) visas. The third criterion focuses on whether in light of the nature of the foreign national's qualifications or proposed endeavor, it would be impractical either for the foreign national to secure a job offer or for the petitioner to obtain a labor certification; whether, even assuming that other qualified U.S. workers are available, the United States would still benefit from the foreign national's contributions; and whether the national interest in the foreign national's contributions is sufficiently urgent to warrant foregoing the labor certification process. The time for EB-2 visa to be processed can range from one year to three or four years. The EB2 visa is the second preference employment-based green card category that grants US permanent residency to foreign nationals with advanced degrees or exceptional ability. EB2 and EB3 ‘Date of filing’ dates should stay the same and USCIS should keep the ‘DOF filing’ chart closed for February 2021. EB-2 Visa Individuals with demonstrated excellence in their field, or those who hold advanced degrees, may be eligible to relocate to and work in the United States on an EB-2 visa. You must meet any other requirements specified on the labor certification as applicable. Here, the language equivalent in the I-140 petition is taken by the USCIS as an equivalent foreign degree, and not combination of education and experience. [citation needed], As of September 2012, the Department of State application processing fee for employment-based immigrant visas is US$405. By Elizabeth Rogers , J.D. Citizenship and Immigration Service (USCIS) with an uncertified ETA-9089 for consideration as Schedule A. Five categories of foreign workers can obtain U.S. immigrant visas (that is, lawful permanent residence or a green card). Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability. Many employers did not file the EB2 to EB3 downgrade immediately as it is a high-cost deal of around $8k (including attorney fee). Other comparable evidence of eligibility is also acceptable. The regulatory requirements may be found in the Title 8 Code of Federal Regulations (8 CFR) at section 204.5(k). EB-2 Visa Application Process Besides the requirements, one of the greatest differences between the EB-2 visa and the EB-1 visa is the processing time. The EB1 green card is typically used for distinguished experts and individuals with top achievements, outstanding professors and researchers, and multinational managers.This green card category is the most difficult to satisfy (requirements are at the highest level), but it is also the fastest. In order for a perm and i-140 petition to be classified as EB-2, the employer’s requirementsfor the position must be: A US Master degree, or foreign equivalent, in a specific field The purpose of the EB-1 and EB-2 is that they permit you to apply for a green card and become a Lawful Permanent Resident, subject to your priority date eligibility (your place in the green card queue).. Let’s dig deeper into the differences between EB-1 and EB-2. You are well positioned to advance the proposed endeavor. EB-1 and EB-2 are employment-based immigrant petitions that put you on the path to get a U.S. green card. The EB-2 visa is an immigrant visa (preference category two) for U.S. employment-based permanent residency; it was created by the Immigration Act of 1990. In other words, they must show their exceptional ability or skill in the field that will positively provide support to the US. The job you apply for must require an advanced degree and you must possess such a degree or its foreign equivalent (a baccalaureate or foreign equivalent degree plus 5 years of post-baccalaureate, progressive work experience in the field). [11], "Frequently Asked Questions Regarding Entrepreneurs and the Employment-Based Second Preference Immigrant Visa Category", "INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS", "§ Sec. 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