EB2 Visa: Green Card Application


Who Is Eligible?

In general, in order to be eligible for a Second Preference Employment Based classification you will need a labor certification and meet the following basic criteria:

Advanced Degree – possess and advance degree or the equivalent, which is a baccalaureate degree plus 5 years of progressive work experience in the field.

View More Information About Advanced Degree or its foreign equivalent degree:

Acceptable documentation that may demonstrate that you have an advanced or baccalaureate degree or their foreign equivalent degree is:

  • Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree.
  • Documentation, such as an official academic record showing that you have a U.S. baccalaureate (bachelor’s) degree or a foreign equivalent degree and letters from current or former employers showing that you have at least five years of progressive post-baccalaureate work experience in your field

Exceptional Ability – be able to show exceptional ability in sciences, art or business.

National Interest Waiver – you are requesting that the labor certification be waived because it is in the interest of the United States and you qualify under the exceptional ability criteria. You can self-petition.

View More Information About Exceptional Ability Criteria

You must be able to show that you have exceptional ability in the sciences, arts, or business, which will substantially benefit the U.S. economy, cultural or educational interests, or welfare in the future. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”

For the purpose of this employment category, USCIS will use a two-part adjudicative approach to evaluate the evidence you submit. First, you must meet three out of the six listed criteria below:

  • Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
  • Letters from current or former employers documenting at least 10 years of full-time experience in the occupation for which you are being sought
  • A license to practice your profession or certification for your profession or occupation
  • Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
  • Membership in professional associations
  • Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations

If the above criteria do not readily apply to your occupation, you may submit other comparable evidence of eligibility.

Second, all of the evidence you submit will be reviewed in its totality for a final merits determination of whether you qualify for this classification

How To Apply

To begin the petition process for the EB-2 Visa the employer must:

  • Complete and sign Form I-140, Petition for a Nonimmigrant Worker.
  • Refer to Form I-140 instructions for further details.
  • Include the appropriate filing fee with the petition (including the biometrics fee if applicable).
  • Collect the necessary documents to show your eligibility.

What Happens After You Apply

Once USCIS receives your Form I-140 for the EB-2 Visa, we will process your application and then you will receive:

  • A receipt notice of your I-140, Petition for Nonimmigrant Worker,
  • A notice of a decision in writing.

Note: Once your petition is approved, and your priority date is current, you can apply to become a Legal Permanent Resident. You can do this by either filing a Form I-485 or applying through the consulate. If you are outside of United States you would apply through the consulate. This method is called consular processing). If you are in the United States, and you are in legal status, then you can apply to adjust status. If your petition is denied, please follow the instructions provided on the notice.